United States v. Dessesaure

In this appeal, the government challenges the district court’s dismissal with prejudice — for violations of the Speedy Trial Act, 18 U.S.C. § 3161 (2006) — of its four-count indictment against Earl Desses-aure. The prosecutor concedes that the statute was violated, but says that government error was inadvertent and caused only a modest delay and no harm, so dismissal should have been without prejudice. The background, elaborated in the cited decisions, can be briefly summarized.

On June 4, 2003, Dessesaure was indicted on drug trafficking and gun charges. 1 He was arrested on the street with…