IN RE U.S.

No. 1390, Docket 90-3023.

903 F.2d 88 (1990)

In re UNITED STATES of America, Petitioner. UNITED STATES of America, v. Massood SAYEEDI, Defendant.

United States Court of Appeals, Second Circuit.

Decided May 4, 1990.


Attorney(s) appearing for the Case

Emily Berger, Asst. U.S. Atty., E.D.N.Y., Brooklyn, N.Y. (Andrew J. Maloney, U.S. Atty., E.D.N.Y., David C. James, Asst. U.S. Atty., of counsel), for petitioner.

Chris P. Termini, Huntington, N.Y., for respondent.

Before LUMBARD, FRIEDMAN, and MAHONEY, Circuit Judges.


LUMBARD, Circuit Judge:

This mandamus petition poses the question whether a Federal Magistrate may preside over jury selection in a felony trial when the defendant consents but the Government objects. We hold that a Magistrate may not preside in such a case and direct the issuance of the writ.

On October 3, 1989, Massood Sayeedi was indicted on seven counts of Medicaid fraud under 42 U.S.C. § 1320a-7b(b)(1)(B) (Supp. V 1987). See United States v. Sayeedi...

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