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UNITED STATES v. BUTTS

No. 75-1201.

524 F.2d 975 (1975)

UNITED STATES of America, Plaintiff-Appellant, v. Leon Edgar BUTTS, a/k/a Sonny Butts, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

December 12, 1975.

Attorney(s) appearing for the Case

Ronald T. Knight, U. S. Atty., Charles T. Erion, Asst. U. S. Atty., Macon, Ga., for plaintiff-appellant.

Herbert Shafer, Atlanta, Ga., for plaintiff-appellee.

Before BELL, THORNBERRY and MORGAN, Circuit Judges.

LEWIS R. MORGAN, Circuit Judge:

Appellant United States Government appeals the dismissal of an indictment obtained on February 8, 1974 against appellee Leon Edgar Butts for conspiracy and gambling offenses1 allegedly committed in 1971. Upon his arraignment appellee Butts moved for dismissal on the ground that the delay in obtaining an indictment had denied him his right to a speedy trial guaranteed by the Sixth Amendment. Following an...

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