In Re United States of America, United States of America v. Salvatore J. Cannatella

The Government petitions for a writ of mandamus directed to the District Court for the Southern District of New York (Honorable Robert W. Sweet) ordering him to require the defendant to appear at all stages of the trial. There is some evidence that the defendant Cannatella is suffering from heart disease. The district court permitted the defendant to waive his “right” to be present at all stages of the trial without specifying any reason except that, in the circumstances, the court seemed to suggest that he had no power to compel the defendant to be present. The applicable Rule, Fed.R.Crim.P.…