U.S. v. SPILOTRO

Nos. 89-1344, 89-1685.

884 F.2d 1003 (1989)

UNITED STATES of America, Plaintiff-Appellant, v. Victor P. SPILOTRO, Defendant-Appellee. UNITED STATES of America, Petitioner, v. UNITED STATES DISTRICT COURT FOR the NORTHERN DISTRICT OF ILLINOIS, and Honorable James B. Moran, United States District Judge, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided September 8, 1989.


Attorney(s) appearing for the Case

J. Kenneth Lowrie, Dept. of Justice, Chicago, Ill., for U.S.

Allan A. Ackerman, Chicago, Ill., for defendant-appellee.

Anton R. Valukas, U.S. Atty., Office of the U.S. Atty., Chicago, Ill., for respondents.

Before POSNER, RIPPLE, and MANION, Circuit Judges.


RIPPLE, Circuit Judge.

The government seeks review of the district court's vacation of the defendant's six-month custodial sentence. We dismiss the government's appeal for want of jurisdiction. However, we grant the government's alternate request for a writ of mandamus and direct that the district court restore the defendant's original sentence.

I.

Background

On May 26, 1987, Victor Spilotro pleaded guilty to extortion and filing a false...

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