United States v. J. Milton Rich

BARRETT, Circuit Judge.

The United States appeals from the May 25,1976, order of the District Court dismissing the indictment brought against J. Milton Rich. The District Court ruled that trial could not proceed without (a) violating Rich’s rights under the Double Jeopardy Clause of the Fifth Amendment, and (b) denying Rich his right to a speedy trial guaranteed by the Sixth Amendment and Fed.R.Crim.P. rule 48(b), 18 U.S.C.A. Our jurisdiction vests pursuant to 18 U.S.C.A. § 3731.

This appeal was first argued and submitted to this Court on September 26, 1977. However, in light of certain cases…