United States v. Bilsky

CELEBREZZE, Senior Circuit Judge.

The principal issue in this case is whether the district court’s denial of a motion to dismiss the indictment for violation of the Speedy Trial Act is appealable prior to trial. We conclude that such a denial fails to fall within the “collateral order” exception pronounced in Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949), and is, therefore, not an appealable decision. Accordingly, we dismiss the appeal for lack of jurisdiction; we also reject the claim for mandamus relief.

I

On May 13, 1980, a federal grand jury in…