The following excerpt is from United States v. Hill, 473 F.2d 759 (9th Cir. 1973):
Where, as here, a district judge exceeds his powers under the Federal Rules of Criminal Procedure in granting a final order, the government is entitled to either a writ of mandamus or a writ of prohibition or both to require the district judge to vacate the invalid order. United States v. Smith, 331 U.S. 469, 67 S.Ct. 1330, 91 L.Ed. 1610 (1947). The judgment of dismissal in this case is a final order of the type mentioned in Will v. United States, 389 U.S. 90, 97-98, 88 S.Ct. 269, 19 L.Ed.2d 305 (1967), as justifying the issuance of a writ of mandamus.
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