Legal Opinion
United States v. Jesus Salgado-Hernandez
Court of Appeals for the Fifth Circuit
Decided June 5, 1986No. 85-2849, 85-2850PublishedCited by 20 opinions
1Opinion of the Court
ALVIN B. RUBIN, Circuit Judge:
This appeal presents a single issue: did the district court err in refusing to dismiss with prejudice the complaint against the defendant for the government’s failure to indict him within thirty days of his arrest as required by the Speedy Trial Act? Because the Act commits to the judge’s discretion the decision whether to dismiss the complaint with or without prejudice, we hold that the court acted within its authority when it dismissed the complaint without prejudice.
I
Jesus Salgado-Hernandez was arrested on August 1, 1985, for unlawfully transporting eleven…
2Cases cited7 opinions
- United States v. Mitchell JanikCourt of Appeals for the Seventh Circuit · 1983
- United States v. Joseph John RussoCourt of Appeals for the Eleventh Circuit · 1984
- United States v. Donald CaparellaCourt of Appeals for the Second Circuit · 1983
- United States v. Curtis Lee Bittle, A/K/A Lee Curtis BrittleCourt of Appeals for the D.C. Circuit · 1983
- United States v. Gale Gordon FreyCourt of Appeals for the Ninth Circuit · 1984
2 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- United States v. TaylorSupreme Court of the United States · 1988
- United States v. John O. Green A/K/A John O. HornungCourt of Appeals for the Fifth Circuit · 1989
- United States v. Kenneth S. HastingsCourt of Appeals for the First Circuit · 1988
- United States v. Scott A. FountainCourt of Appeals for the Seventh Circuit · 1988
- United States v. Alvin August KramerCourt of Appeals for the Eighth Circuit · 1987
15 more not listed; retrieve them via the Exa API.