United States Court of Appeals, First Circuit.https://leagle.com/images/logo.png
Heard October 3, 2005.
Decided October 7, 2005.
Attorney(s) appearing for the Case
Timothy Q. Feeley, Assistant United States Attorney with whom Michael J. Sullivan, United States Attorney, Lori J. Holik, Assistant United States Attorney and Theodore B. Heinrich, Assistant United States Attorney were on petition for a writ of mandamus, motion to stay district court order, and request for leave to file a supplemental brief.
Patricia Garin with whom Max D. Stern, Kenneth M. Resnik, Stern, Shapiro, Wiessberg & Garin, LLP, David P. Hoose, Katz, Sasson, Hoose & Turnbill, John H. Cuhna, Jr., Cuhna & Holcomb, P.C., Randolph Gioia, Elizabeth Billowitz, Law Office of Randy Gioia, Sarah Jennings Hunt, William C. Brennan, Jr., Brennan, Trainor, Billman & Bennett, LLP, George F. Gormley and George F. Gormley, P.C. were on opposition to the government's petition for a writ of mandamus and opposition to the government's motion to stay district court order for respondents Branden Morris, Jonathan Hart, Darryl Green and Edward Washington.
Charles W. Rankin, James L. Sultan and Rankin & Sultan on brief for Nancy Gertner, United States District Judge.
Jackie Gardina, Vermont Law School, on brief for Chief Judge William G. Young, Amicus Curiae.
Michael Avery, Suffolk Law School, on brief for National Lawyers Guild, Massachusetts Association of Criminal Defense Lawyers and Juvenile Justice Center of Suffolk University Law School, Amici Curiae.
Julia M. Wade, David J. Apfel and Good-win Procter LLP on brief for The Boston Bar Association, The Committee for Public Counsel Services, and The National Association of Criminal Defense Lawyers, Amici Curiae.
William W. Fick, Martin F. Murphy, Foley Hoag LLP, Nadine Cohen, Barbara J. Dougan, Lawyers' Committee for Civil Rights, Dennis Courtland Hayes, General Counsel, Victor L. Goode, Assistant General Counsel, NAACP, Charles J. Ogletree and Charles Hamilton Houston Institute for Race & Justice on brief for Lawyers' Committee for Civil Rights Under Law Of The Boston Bar Association and Boston Branch of the NAACP, Greater Boston Civil Rights Coalition, Community Change, Inc., Jewish Alliance for Law and Social Action, Women's Bar Association, Massachusetts Black Lawyers Association, Charles Hamilton Houston Institute for Race and Justice, and Massachusetts Black Legislative Caucus, Amici Curiae.
Before BOUDIN, Chief Judge, STAHL, Senior Circuit Judge, and LYNCH, Circuit Judge.
United States Court of Appeals, First Circuit.
BOUDIN, Chief Judge.
In September 2003, the defendants were charged in federal district court, by a superceding indictment, with racketeering, 18 U.S.C. § 1962(c) (2000), racketeering conspiracy, id. § 1962(d), conspiracy to murder, id. § 1959(a)(5), and various assaults and firearms offenses. Two defendants were further charged with murder in aid of racketeering. Id. § 1959(a)(1). Shortly...
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