United States v. Scott

FRANK A. KAUFMAN, Senior District Judge.

Defendant Scott has moved to dismiss with prejudice the indictment pending against him as a result of the government’s failure to comply with the requirements of the Speedy Trial Act of 1974, 18 U.S.C. §§ 3161-62. The government agrees that the indictment should be dismissed but contends such dismissal should be without prejudice. For the reasons which follow, defendant’s motion to dismiss, with prejudice, will be granted.

I

Two sections of the Speedy Trial Act, 18 U.S.C. §§ 3161-74, are most important herein. Section 3161(b) provides in relevant part:

Any…