United States v. William Brainer, Eugene Gressman, Esq., Amicus Curiae

HARRISON L. WINTER, Chief Judge:

This case requires us to rule on the constitutionality of an aspect of the Speedy Trial Act of 1972, as amended, 18 U.S.C. §§ 3161 et seq. The district court held the Act invalid as “an unconstitutional en*692croachment upon the Judiciary.” United States v. Brainer, 515 F.Supp. 627, 630 (D.Md.1981).1 It therefore refused to dismiss the indictment against defendant even though trial was delayed beyond the period permitted by the Act. Having been convicted, defendant appeals. Because we find that the Act is constitutional and defendant’s trial was in violation…