United States v. Dellinger

OPINION AND ORDER GRANTING-IN-PART DEFENDANT’S MOTION TO DISMISS (DKT. 32) AND DISMISSING THE INDICTMENT (DKT. 13) WITHOUT PREJUDICE

MARK A. GOLDSMITH, District Judge.

I. INTRODUCTION

The matter before the Court concerns the proper interpretation of the relationship between two provisions of the Speedy Trial Act that exclude time from the 70-day period in which a criminal defendant must be brought to trial: 18 U.S.C. § 3161(h)(1)(F) (providing that any delay “resulting from transportation of any defendant ... to and from places of examination or hospitalization” beyond ten days is presumptively…