United States v. Allen

ORDER DENYING DEFENDANT’S MOTION TO DISMISS SECOND SUPERCEDING INDICTMENT

GENE CARTER, Senior District Judge.

Before the Court is Defendant’s Motion to Dismiss the Second Superceding Indictment (Docket Item No. 156) recently filed. The Motion seeks dismissal of the most recent Superceding Indictment in this case for the reason that it violates the provisions of 18 U.S.C. § 3161(b) that requires any indictment of the Defendant to be filed within thirty (30) days from the date of his arrest. Defendant was arrested on January 4, 2004 and, thus, he is entitled to be tried on an indictment returned…