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UNITED STATES v. FLORES

No. 1077, Docket 74-1186.

501 F.2d 1356 (1974)

UNITED STATES of America, Appellee, v. Humberto FLORES, Appellant.

United States Court of Appeals, Second Circuit.

Decided August 7, 1974.

Attorney(s) appearing for the Case

William Epstein, New York City (William J. Gallagher, The Legal Aid Society, New York City), for appellant.

Steven Kimelman, Asst. U. S. Atty. (Edward John Boyd, V, Acting U. S. Atty., for the E. D. N. Y., Paul B. Bergman, Asst. U. S. Atty., Brooklyn, N. Y., of counsel), for appellee.

Before KAUFMAN, Chief Judge, and HAYS and OAKES, Circuit Judges.

PER CURIAM:

On February 8, 1974, appellant was convicted of importing 2.2 kilograms of cocaine and of conspiracy to do the same in violation of 21 U.S.C. §§ 952(a), 960(a)(1), and 963. He appeals from that conviction on the basis that the district court improperly refused to dismiss his indictment pursuant to Rule 4 of the Plan for the United States District Court for the Eastern District of New York for Achieving Prompt Disposition

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