Legal Opinion
United States v. Joseph Fernandes Correia
Court of Appeals for the First Circuit
Decided March 18, 1976No. 75--1390PublishedCited by 33 opinions
1Opinion of the Court
COFFIN, Chief Judge.
The government appeals under 18 U.S.C. § 3731 from an order dismissing an indictment because of the prosecution’s inability to proceed to trial at a continued date certain. The inability lay in the government’s failure to locate the key witness. We hold that the district court did not abuse its discretion.
The relevant sequence of events is the following. On March 26, 1975, defendants were indicted. On June 25, the case was set for trial on August 11. At this time the key witness was known to be in custody of a youth facility in Maine to which he had been committed by…
2Cases cited10 opinions
- United States v. MarionSupreme Court of the United States · 1971
- Ungar v. SarafiteSupreme Court of the United States · 1964
- United States v. Ralph F. DeleoCourt of Appeals for the First Circuit · 1970
- United States v. William Levern InmanCourt of Appeals for the Fourth Circuit · 1973
- Alfred William Leino v. United StatesCourt of Appeals for the Tenth Circuit · 1964
5 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- United States v. Jack Moody Stricklin, Jr.Court of Appeals for the Fifth Circuit · 1979
- United States v. Kerry PoulackCourt of Appeals for the First Circuit · 1977
- United States v. William Brainer, Eugene Gressman, Esq., Amicus CuriaeCourt of Appeals for the Fourth Circuit · 1982
- United States v. Corey Deon GoodsonCourt of Appeals for the Fourth Circuit · 2000
- United States v. Robert Waldman and David E. DickCourt of Appeals for the First Circuit · 1978
28 more not listed; retrieve them via the Exa API.