United States v. James Henry Simmons

OPINION

Before BARNES, BROWNING and WRIGHT, Circuit Judges. BARNES, Senior Circuit Judge:

In a two-count indictment, Simmons was charged with forging and uttering a United States Treasury check in violation of 18 U.S.C. § 495. The district judge dismissed the indictment with prejudice, holding that the government violated the defendant’s Sixth Amendment right to a speedy trial. As a second rationale, the indictment was dismissed with prejudice under the authority of Rule 48(b) of the Federal Rules of Criminal Procedure. 1 The government ap peals from this order of dismissal on the ground that…