Legal Opinion

United States v. Kuper

Court of Appeals for the Third Circuit

Decided April 7, 2008No. 07-1916PublishedCited by 4 opinions

Submitted by the Clerk for Possible Dismissal

1Opinion of the Court

OPINION OF THE COURT

SLOVITER, Circuit Judge.

The issue before us is whether an order of the District Court granting, without prejudice, defendant’s motion to dismiss the indictment based on a violation of the Speedy Trial Act is appealable at this time. This court has not previously addressed that issue, although many of our sister circuits have.

I

On March 23, 2005, Martin Kuper and two codefendants, Steven Rockman and Jeffrey Foster, were indicted on five counts of mail fraud in violation of 18 U.S.C. §§ 1341 and 1342. The trial date was initially set for May 17, 2005. Defendant Rockman moved…

2Cases cited17 opinions

  1. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  2. Abney v. United StatesSupreme Court of the United States · 1977
  3. Stack v. BoyleSupreme Court of the United States · 1952
  4. United States v. MacDonaldSupreme Court of the United States · 1978
  5. Zedner v. United StatesSupreme Court of the United States · 2006

12 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. United States v. Michael CorneliusCourt of Appeals for the Seventh Circuit · 2010
  2. United States v. Jermaine ColemanCourt of Appeals for the Third Circuit · 2017
  3. People of Guam v. Bruno Frankie SimmonsSupreme Court of Guam · 2025
  4. United States v. Michael CorneliusCourt of Appeals for the Seventh Circuit · 2010

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