“We refrain from issuing the writ of mandamus because we are confident that respondent, after reading this opinion, will afford petitioner the relief he requests.”
How later courts described this case
- “We refrain from issuing the writ of mandamus because we are confident that respondent, after reading this opinion, will afford petitioner the relief he requests.”
- mandamus appropriate to correct deficiencies in preliminary hearing
Written by the judges who cited it.
The opinion
.BELSON, Associate Judge:
Statement of reasons for voting to grant the government’s petition for rehearing en banc.
If I were entirely satisfied that the division’s holding will be accorded no preceden-tial value whatever, I would join in voting to deny rehearing en banc. But there is no assurance that such will be the case. Therefore, I favor rehearing en banc.