United States v. United States District Court for the Eastern District of California
Opinion
Opinion
The United States of America petitions this court for a writ of mandamus to require the district court to hold a jury trial in a criminal case in which the defendants are charged with acts involving interstate travel and the sexual abuse of young children, in violation of 18 U.S.C. §§ 2423 (a) and (b) and 2251A(a) and (b) The district court granted the defendants’ motion for a bench trial despite the government’s refusal to consent to the jury waiver pursuant to Fed.R.Crim.P. 23(a). We conclude that the writ of mandamus must issue.
JURISDICTION
This court has jurisdiction pursuant to the All Writs Act, 28 U.S.C. § 1651 . See United States v. Fei Ye, 436 F.3d 1117, 1121 (9th Cir.2006).
BACKGROUND
On August 19, 2003, the government filed a complaint charging four individuals with multiple counts arising out of the transport in interstate commerce of young children for the purpose of engaging in unlawful sexual acts. The victims were the children of the defendants: Allen Har-rod and Irene Hunt of Sacramento, California, and Michael and Juliette Labrecque of Fort Worth, Texas.
The charges allege approximately ten years of ritualistic sexual abuse that included oral copulation,…