United States v. Donald Hillegas

MANSFIELD, Circuit Judge:

This appeal by the Government pursuant to 18 U.S.C. § 3731 from dismissal of an indictment raises the question of whether, under the Interim Statement of Time Limits and Procedures for Achieving Prompt Disposition of Criminal Cases (the “Current Plan”), which was adopted by the Southern District of New York effective July 1, 1976, pursuant to the Speedy Trial Act of 1974, 18 U.S.C. § 3165 (the “Act”), the time limits prescribed by the Current Plan are tolled during the period between the Government’s dismissal of its complaint and its reinstitution of criminal…