United States v. Alagia

LEAHY, Chief Judge.

This is a criminal action arising out of an indictment for violation of § 1341, Title 18 U.S.C. — the Mail Fraud Statute. Defendant has filed a motion to dismiss the indictment pursuant to Rule 48(b) of the Federal Rules of Criminal Procedure, 18 U.S.C., and because of the deprivation of his right to a speedy trial as embodied in the Sixth Amendment to the Constitution of the United States.

Cr.R. 48(b), providing for dismissal of a case for unnecessary delay, is bottomed on the inherent power of a court to dismiss a case for want of prosecution. Thus, defendant’s argument,…