United States v. Robert E. Bratcher

I respectfully dissent. It is well established that an interlocutory appeal cannot be taken from the denial of a motion to dismiss on the basis of a violation of the Speedy Trial Act. United States v. Bilsky, 664 F.2d 613 (6th Cir.1981); United States v. Hornung, 785 F.2d 868 (10th Cir.1987). However, I dissent in the belief that a different conclusion should be reached where the district court finds that the defendant’s right to a statutory speedy trial has been violated, but contemporaneously holds, pursuant to 18 U.S.C. § 3162(a)(2), that the dismissal of the indictment is without…