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UNITED STATES v. GREEN

Nos. 73-2150, 73-2159 and 73-2265.

499 F.2d 538 (1974)

UNITED STATES of America, Petitioner, v. The Honorable June L. GREEN, Respondent (two cases). Eugene BYRD et al. v. UNITED STATES of America, Appellant.

United States Court of Appeals, District of Columbia Circuit.

June 19, 1974.

Attorney(s) appearing for the Case

Harold H. Titus, Jr., U. S. Atty. at the time the pleadings were filed, and Charles L. Jaffee, Atty., Dept. of Justice, were on the pleadings for petitioner and appellant.

Allan M. Palmer and Robert N. Levin, Washington, D. C., were on the pleadings for respondent and appellees.

Before TAMM and ROBINSON, Circuit Judges.

PER CURIAM:

The sole question presented in these consolidated cases is whether a district court may properly dismiss a prosecution commenced by indictment in another district on motion of arrestees whose removal to the other district is sought pursuant to Criminal Rule 40(b).1 We answer that question in the negative.

A grand jury in the Southern District of Florida returned an indictment charging eight persons with violations of...

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