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U.S. v. JENKINS

No. 88-1830.

866 F.2d 331 (1989)

UNITED STATES of America, Petitioner, v. The Honorable Bruce S. JENKINS, United States District Court for the District of Utah, Respondent, Derek Aragon Mendes, Defendant-Real Party in Interest.

United States Court of Appeals, Tenth Circuit.

January 19, 1989.

Attorney(s) appearing for the Case

Maury S. Epner (Brent D. Ward, U.S. Atty., and Bruce C. Lubeck, Asst. U.S. Atty., Salt Lake City, Utah, with him on the briefs), Dept. of Justice, Washington, D.C., for petitioner.

Ronald J. Yengich of Yengich, Rich, Xaiz & Metos, Salt Lake City, Utah, for defendant-real party in interest.

Before MOORE, BARRETT, and TACHA, Circuit Judges.

JOHN P. MOORE, Circuit Judge.

The government seeks a writ of mandamus ordering the District Court of the District of Utah to impose the mandatory enhanced sentence provided by 21 U.S.C. § 841(b)(1)(B). The respondent court has chosen not to reply to the petition. Instead, the court has filed a letter stating: "The record demonstrates the reasons for the action taken." As the real party in interest, defendant Derek Aragon Mendes responds to the petition, urging...

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