Legal Opinion
United States v. Louis Giambrone
Court of Appeals for the Second Circuit
Decided December 4, 1990No. 295, Docket 90-1317PublishedCited by 35 opinions
1Opinion of the Court
KEARSE, Circuit Judge:
The United States appeals from a final judgment of the United States District Court for the Western District of New York, Richard J. Arcara, Judge, dismissing with prejudice the indictment against defendant Louis Giambrone because of the government’s failure to comply with the Speedy Trial Act (“Act”), 18 U.S.C. § 3161 et seq. (1988). On appeal, the government contends that the dismissal should have been without prejudice. We conclude that the dismissal with prejudice was within the discretion of the district court, and we affirm the judgment.
I. BACKGROUND
The indictment…
2Cases cited23 opinions
- Barker v. WingoSupreme Court of the United States · 1972
- United States v. MarionSupreme Court of the United States · 1971
- United States v. TaylorSupreme Court of the United States · 1988
- United States v. Willie H. DennisCourt of Appeals for the Eighth Circuit · 1980
- United States v. Rojas-ContrerasSupreme Court of the United States · 1985
18 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- United States v. Abdush-ShakurCourt of Appeals for the Tenth Circuit · 2006
- United States v. WilsonCourt of Appeals for the Second Circuit · 1993
- United States v. WilsonCourt of Appeals for the Second Circuit · 1993
- United States v. Keith G. WrightCourt of Appeals for the D.C. Circuit · 1994
- United States v. Dennis Ray Kottmyer (91-5826) William Talmadge Upton (91-5827)Court of Appeals for the Sixth Circuit · 1992
30 more not listed; retrieve them via the Exa API.