Petition DENIED. Justice Kagan took no part in the consideration or decision of this petition.

DISTRIBUTED for Conference of October 26, 2012.

Waiver of right of respondent United States to respond filed.

Petition for a writ of mandamus and motion for leave to proceed in forma pauperis filed. (Response due October 24, 2012)

Party name:, Petitioner, represented by James L. Rudzavice

United States, Respondent, represented by Donald B. Verrilli Jr.