Petition DENIED.

DISTRIBUTED for Conference of February 17, 2017.

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 January 6, 2017)

Party name:, Petitioner, represented by Ryan Lee Zater

United States, Respondent, represented by Noel J. Francisco