United States v. The Honorable William P. Gray, United States District Judge

These cases have been consolidated for argument and decision. In each case, the respondent, over the objection of the petitioner, accepted a plea of guilty to what he believed was a lesser offense necessarily included in the offense charged in the indictment. The petitioner now demands that we issue a writ of mandamus directed to the respondent, requiring him to set aside the guilty pleas and allow each case to proceed to trial.

FACTUAL BACKGROUND

In Case No. 26639, defendant Faust was charged by indictment with the offense of possession of stolen mail in violation of 18 U.S.C. § 1708 , a felony. In a conference for setting a trial date, defendant’s attorney indicated that defendant wished to enter a plea of guilty to the offense of willfully obstructing the mails in violation of 18 U.S.C. § 1701 , a misdemeanor. Respondent, over objection by the petitioner, accepted a plea of guilty to the misdemeanor.

In Case No. 26641, the defendant Ortiz was indicted for the offense of knowingly and willfully stealing and purloining property of the United States having a value in excess of $100.00, in violation of 18 U.S.C. § 641 , a felony. Respondent, over the objection of the petitioner,…