Legal Opinion
United States v. Johnson
Court of Appeals for the Fifth Circuit
Decided August 5, 1994No. 93-08875PublishedCited by 54 opinions
1Opinion of the Court
E. GRADY JOLLY, Circuit Judge:
In this appeal, we are first required to determine whether delays in bringing the defendant to trial constitute a violation of the Speedy Trial Act, 18 U.S.C. §§ 3161-3174 (1985 & Supp.1994). We conclude that more than seventy non-exeludable days lapsed pri- or to the defendant’s trial, and consequently, the Speedy Trial Act was violated. Second, we must decide whether the indictment should be dismissed with or without prejudice. We conclude that the indictment should be dismissed without prejudice, and that the case may be retried.
I
In June 1992, Customs…
2Cases cited19 opinions
- United States v. Donald James and David Anthony Butler, United States of America v. Henry Smith and Kenneth Wayne WhitmoreCourt of Appeals for the Fifth Circuit · 1979
- United States v. TaylorSupreme Court of the United States · 1988
- Henderson v. United StatesSupreme Court of the United States · 1986
- United States v. Wayne Eugene Walker and Joe Guerra, United States of America v. Robert BouvierCourt of Appeals for the Fifth Circuit · 1992
- United States v. James L. Kington and Don EarneyCourt of Appeals for the Fifth Circuit · 1989
14 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- United States v. BermeaCourt of Appeals for the Fifth Circuit · 1994
- United States v. StaulaCourt of Appeals for the First Circuit · 1996
- United States v. BermeaCourt of Appeals for the Fifth Circuit · 1994
- United States v. Billy Mel AlfordCourt of Appeals for the Fifth Circuit · 1998
- United States v. PansierCourt of Appeals for the Seventh Circuit · 2009
49 more not listed; retrieve them via the Exa API.