John A. Hilbert, III v. The Honorable John F. Dooling, Jr., in His Capacity as United States District Judge for the Eastern District of New York

MANSFIELD, Circuit Judge:

The question raised by this petition for a writ of mandamus is whether dismissal of a criminal charge pursuant to Rule 4 of our Second Circuit Rules Regarding Prompt Disposition of Criminal Cases1 (hereinafter “Prompt *356Disposition Rules”) is with prejudice and thus precludes reindictment for the same offense. Because of the exceptional importance of the issue at the time when the petition was filed, we heard the petition en banc. See F.R.App.P. Rule 35(a)(2).2 We conclude that such a dismissal is with prejudice and that mandamus is the appropriate remedy in this case.…