Legal Opinion

United States v. Martinez

District Court, D. New Jersey

Decided November 12, 1999No. CR.92-172-02 (WGB)PublishedCited by 1 opinion

1Opinion of the Court

OPINION

BASSLER, District Judge.

This opinion addresses Petitioner Edgar Martinez’s motion to dismiss the indictment for the Government’s violation of Section 3161 of the Speedy Trial Act, 18 U.S.C. Sections 3161 to 3174. Respondent (the Government) concedes that the Speedy Trial Act has been violated; the real issue here is whether Martinez’s indictment should be dismissed with or without prejudice. The Court grants Martinez’s motion to dismiss the indictment with prejudice.

I. BACKGROUND

In March 1992, a bench warrant was issued for the arrest of Martinez and his co-defendant, Fabio Paz, after…

2Cases cited19 opinions

  1. Barker v. WingoSupreme Court of the United States · 1972
  2. United States v. TaylorSupreme Court of the United States · 1988
  3. United States v. Kenneth S. HastingsCourt of Appeals for the First Circuit · 1988
  4. United States v. Gregory Donnell Stafford, United States of America v. George GrahamCourt of Appeals for the Eleventh Circuit · 1983
  5. United States v. Raoul Barrie ClymerCourt of Appeals for the Ninth Circuit · 1994

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3Cited by1 opinion

  1. United States v. BrowneDistrict Court, Virgin Islands · 2008

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