United States v. James F. Wedalowski
Court of Appeals for the Second Circuit
1Opinion of the Court
WYATT, District Judge:
On this appeal, the question is whether the district judge (Elfvin, J.) was correct in determining, after careful consideration, that the government was not ready for trial within the time required by the rules then applicable in the Western District of New York. On the basis of that determination, the indictment was dismissed by oral order in open court on July 27, 1977. A written judgment of dismissal was filed on August 11, 1977. The government took this appeal from the July 27, 1977 order (18 U.S.C. § 3731).
We find that the determination of the District Court was not…
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