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IN RE U.S.

No. 06-1136.

441 F.3d 44 (2006)

In re UNITED STATES of America, Petitioner.

United States Court of Appeals, First Circuit.

Decided March 24, 2006.

Attorney(s) appearing for the Case

Kathleen A. Felton, Attorney, Appellate Section, Criminal Division, United States Department of Justice, with whom Alice S. Fisher, Assistant Attorney General, Criminal Division, was on petition for a writ of mandamus and motion to stay district court proceedings, for petitioner.

Howard Srebnick, with whom Black, Srebnick, Kornspan & Stumpf, P.A., Francisco Rebollo Casalduc, Edgar Vega-Pabon, G. Richard Strafer, and G. Richard Strafer, P.A., were on opposition to petition for a writ of mandamus, for respondents Rene Vazquez-Botet and Marcos Morell-Corrada.

Before LYNCH, LIPEZ, and HOWARD, Circuit Judges.

PER CURIAM.

The government petitions for mandamus in this criminal case, seeking, among other relief, an order that the district judge recuse himself on the ground that the judge's impartiality could reasonably be questioned. See 28 U.S.C. § 455(a).

On April 8, 2004, a grand jury returned a public indictment charging defendants (and respondents here) Rene Vazquez-Botet and Marcos Morell-Corrada with conspiracy, fraud, and extortion in connection...

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