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UNITED STATES v. ASHER

Crim. A. No. 7284.

367 F.Supp. 895 (1973)

UNITED STATES of America, Plaintiff, v. Denver Carroll ASHER, Defendant.

United States District Court, E. D. Tennessee, Northeastern Division.

February 27, 1973.

Attorney(s) appearing for the Case

John L. Bowers, Jr., U. S. Atty., and W. Thomas Dillard, Asst. U. S. Atty., Knoxville, Tenn., for plaintiff.

Robert B. Carter, Johnson City, Tenn., for defendant.

MEMORANDUM OPINION AND ORDER

NEESE, District Judge.

The defendant moved for a dismissal of the indictment herein by way of objection to an alleged defect in the institution of this prosecution, Rule 12(b)(2), Federal Rules of Criminal Procedure, in that there was an unnecessary delay by the arresting officers in taking the defendant, after arrest, before the nearest available federal magistrate, Rule 40(b)(1), Federal Rules of Criminal Procedure. It is conceded...

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