United States v. Lai Ming Tanu

GURFEIN, Circuit Judge:

This appeal raises questions concerning delay in bringing a defendant to trial in the federal court after dismissal of state charges arising out of the same transaction. There is no problem of double jeopardy, United States v. Lanza, 260 U.S. 377, 43 S.Ct. 141, 67 L.Ed. 314 (1922); Abbate v. United States, 359 U.S. 187, 79 S.Ct. 666, 3 L.Ed.2d 729 (1959), and there would be no doubt that the federal indictment was properly brought if the question of delay were not involved.

The District Court for the Eastern District of New York (Hon. Jack B. Weinstein, Judge) dismissed…