United States v. Honorable James M. Carter

HAMLEY, Circuit Judge.

In this mandamus proceeding the United States seeks to vacate district court orders suspending the imposition of sentence and granting probation in three narcotics cases.

The Government contends that the suspension of the imposition of sentences and the granting of probation in these cases is forbidden by 26 U.S.C.A. § 7237 (d). Respondent contends that mandamus is not an available remedy, but that, if it is, such relief should nevertheless be denied as an exercise of sound discretion. Respondent further asserts that the suspension of the imposition of sentences and the…