United States v. Michael D. Williams

WINTER, Chief Judge:

This is an appeal from an order of the district court denying a post-judgment motion made by the government. The district court had previously ordered that Michael Williams, a prisoner incarcerated in federal prison in West Virginia, be released unless the government chose within sixty days to retry him. We affirm.

I

Williams was convicted in 1973 of distributing heroin, a violation of 21 U.S.C. § 841(a)(1). This court affirmed the conviction on direct appeal. United States v. Williams, 486 F.2d 222 (4 Cir. 1973), cert. denied, 416 U.S. 941, 94 S.Ct. 1945, 40 L.Ed.2d 292…