United States v. Buxton

OPINION AND ORDER

BILLINGS, District Judge.

On the date this case was set to commence trial, February 24, 1986, the defendant filed with this Court a motion to dismiss the indictment with prejudice, due to the government’s violation of the Speedy Trial Act of 1974, 18 U.S.C. § 3161 et seq. (“the Act”). At the same time the government filed a memorandum in response to defendant’s motion, in which the government acknowledged that dismissal was appropriate but argued that such dismissal should be without prejudice. Hearing was held later the same day, at which time this Court granted defendant’s…