UNITED STATES v. SWEET

No. 22554.

439 F.2d 633 (1971)

UNITED STATES of America, Appellant, v. Paul E. SWEET.

United States Court of Appeals, District of Columbia Circuit.

Decided January 25, 1971.


Attorney(s) appearing for the Case

Mr. Marshall Tamor Golding, Atty., Department of Justice, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of Court, with whom Messrs. David G. Bress, U. S. Atty. at the time the brief was filed, and Scott R. Schoenfeld, Asst. U. S. Atty. at the time the brief was filed, were on the brief, for appellant. Messrs. Thomas A. Flannery, U. S. Atty., John A. Terry and Robert P. Watkins, Asst. U. S. Attys., also entered appearances for appellant.

Mr. Bernard W. Kemp, Washington, D. C. (appointed by this Court), for appellee.

Before McGOWAN and TAMM, Circuit Judges, and GORDON, U. S. District Judge, Eastern District of Wisconsin.


PER CURIAM:

At the oral argument of this appeal, the government asserted that it received no notice that the trial court had established the September 30 deadline for the trial of this case. We are unable to discern from the record that is before us whether this contention is correct.

The record shows that Mr. Sweet was detained for a parole violation while the instant prosecution was pending. A delay in the trial of this case may have deprived him of the...

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