United States v. Schwartz

PALMIERI, District Judge.

Defendant moves pursuant to Rule 48 (b), F.R.Cr.P., to dismiss the indictment charging complicity in the preparation of a fraudulent income tax return (26 U.S. C. § 7206(2)). Defendant claims that Rule 48(b)1 vests in the trial court the discretion to dismiss for unnecessary delay in bringing a defendant to trial and claims that such unnecessary delay has been demonstrated.

Defendant was indicted on April 1, 1965, and pleaded not guilty on May 10, 1965. The case was adjourned with the consent of defendant’s counsel twelve times between May 10, 1965 and April 20, 1966.…