Legal Opinion
United States v. Davis
District Court, D. Maine
Decided July 2, 2010No. Criminal 10-63-P-HPublishedCited by 2 opinions
1Opinion of the Court
ORDER ON MOTION TO DISMISS
D. BROCK HORNBY, District Judge.
To decide this motion to dismiss a superseding indictment, I must interpret the Speedy Trial Act’s requirement that a charge be filed within 30 days of an arrest. 18 U.S.C. § 3161(b). I conclude that where a charge is contained in the complaint that furnishes the basis for the arrest and is then omitted from the original timely indictment, it cannot be added later by way of a superseding indictment after the time limit has passed. I therefore Grant the motion to dismiss Count 2, but without prejudice, because of the circumstances.
Proced…
2Cases cited10 opinions
- United States v. MarinoCourt of Appeals for the First Circuit · 2002
- United States v. Mark A. MitchellCourt of Appeals for the First Circuit · 1983
- United States v. Joseph M. PalombaCourt of Appeals for the Ninth Circuit · 1994
- United States v. Michael CarrascoCourt of Appeals for the Ninth Circuit · 2001
- United States v. BurgosCourt of Appeals for the First Circuit · 2001
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3Cited by2 opinions
- United States v. WorthyDistrict Court, D. Maine · 2010
- United States v. SpringDistrict Court, D. Maine · 2011