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U.S. v. U.S. DISTRICT COURT FOR EASTERN

No. 06-72498.

464 F.3d 1065 (2006)

UNITED STATES of America, Petitioner, v. UNITED STATES DISTRICT COURT FOR the EASTERN DISTRICT OF CALIFORNIA, Respondent, Allen Harrod, aka Isaac; Michael Labrecque, aka Joseph; and Juliette Labrecque, aka Mary, Defendants-Real Parties In Interest.

United States Court of Appeals, Ninth Circuit.

Filed October 3, 2006.

Attorney(s) appearing for the Case

McGregor Scott, U.S. Attorney, Thomas Flynn (argued), Laurel D. White and Ellen V. Endrizzi (briefed), Office of the United States Attorney, Sacramento, California, for petitioner United States.

Bruce Locke, Moss & Locke, Sacramento, California, for defendant-real party in interest Allen Harrod.

Daniel Broderick, Acting Federal Defender (argued), Caro Marks (briefed), Office of the Federal Public Defender, Sacramento, California, for defendant-real party in interest Michael Labrecque.

Jan Daniel Karowsky, Sacramento, California, for defendant-real party in interest Juliette Labrecque.

Before: SILVERMAN, RAWLINSON, Circuit Judges, and BERTELSMAN, District Judge.

PER CURIAM:

The United States of America petitions this court for a writ of mandamus to require the district court to hold a jury trial in a criminal case in which the defendants are charged with acts involving interstate travel and the sexual abuse of young children, in violation of 18 U.S.C. §§ 2423(a) and (b)2 and 2251A(a) and (b).3 The district court granted the defendants' motion

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