United States v. Frank Cacciatore and 1463 Restaurant Corporation

TIMBERS, Circuit Judge:

On this appeal from an order entered in the Southern District of New York by Lloyd F. MacMahon, District Judge, on August 17, 1973 dismissing an indictment, which had been returned July 3, 1973, “for failure to prosecute and for denial of a speedy trial”, the sole issue is whether the district judge abused his discretion in ordering the government to proceed to trial the day after the only pretrial conference and in dismissing the indictment two days later when the government was unable to proceed because of the unavailability of its witnesses. We hold on the facts of…