IN RE U.S.

No. 89-2463.

878 F.2d 153 (1989)

In re UNITED STATES of America, Petitioner.

United States Court of Appeals, Fifth Circuit.

June 14, 1989.


Attorney(s) appearing for the Case

John R. Braddock, Asst. U.S. Atty., Henry K. Oncken, U.S. Atty., Houston, Tex., for petitioner.

David Berg, Cheri Duncan, Lynn Hughes, U.S. Dist. Judge, Houston, Tex., for respondent.

Before RUBIN, GARWOOD and DAVIS, Circuit Judges.


GARWOOD, Circuit Judge:

In this case, the government has applied for a writ of mandamus directing the district court to set aside a pretrial order in a pending criminal case providing for the defense to take, ex parte, the discovery deposition of a witness. On the government's motion, we previously stayed the taking of the deposition, which had been scheduled for the following day, in order that we might more fully consider the matter and have the benefit of...

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