Simmie Horwitz was charged with criminal tax evasion and his case was brought before Judge Will (defendant). In that case, Horwitz filed a motion for a bill of particulars with certain information requests. The prosecutor declined to answer one of the requests, but Judge Will ordered the government to give up the information. The prosecutor did not comply with the order. Judge Will then stated his intention to dismiss the case in favor of Horwitz because of the prosecutor’s failure to comply. The government then applied for a writ of mandamus to compel Judge Will to vacate the order. The United States Court of Appeals for the Ninth Circuit denied the writ, but upon a petition for reconsideration, issued the writ without an accompanying opinion. Judge Will appealed.