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IN RE U.S.

No. 09-4145.

578 F.3d 1195 (2009)

In re UNITED STATES of America, Petitioner.

United States Court of Appeals, Tenth Circuit.

August 13, 2009.

Attorney(s) appearing for the Case

Diana Hagen, Esq., Office of the United States Attorney, Salt Lake City, UT, Stephan Edward Oestreicher, Jr., U.S. Department of Justice, Washington, DC, for Petitioner.

DISSENT FROM ORDER

MURPHY, J., Circuit Judge, dissenting from order granting petition for writ of mandamus.

A majority of a panel of this court has today, by means of an unpublished order, issued a writ of mandamus in this case, a copy of which is attached to this dissent as an Addendum for purposes of context and reference. I dissent from the majority's unpublished order granting the government's petition for a writ of mandamus. While I would not deny the...

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