Legal Opinion

United States v. Rivera

District Court, S.D. New York

Decided October 21, 1998No. 98 CR. 537(AGS)PublishedCited by 1 opinion

1Opinion of the Court

OPINION & ORDER

SCHWARTZ, District Judge.

In a one count indictment, the Government charges defendant David Rivera with conspiracy to distribute and possess with intent to distribute a controlled substance in violation of 21 U.S.C. §§ 812, 841(a)(1), and 841(b)(1)(A). Defendant has moved to dismiss the indictment with prejudice on the grounds that the Government has failed to comply with the speedy trial provisions of the Sixth Amendment and 18 U.S.C. §§ 3161(b) and 3162(a)(1). For the reasons set forth below, defendant’s motion is granted.

FACTS

The facts material to defendant’s motion appear,…

2Cases cited5 opinions

  1. United States v. TaylorSupreme Court of the United States · 1988
  2. United States v. WilsonCourt of Appeals for the Second Circuit · 1993
  3. United States v. Louis GiambroneCourt of Appeals for the Second Circuit · 1990
  4. United States v. JerveyDistrict Court, S.D. New York · 1986
  5. Patiwana v. United StatesDistrict Court, E.D. New York · 1996

3Cited by1 opinion

  1. Vaad L'Hafotzas Sichos, Inc. v. Kehot Publication SocietyDistrict Court, E.D. New York · 2016

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