No. 467, Docket 74-2266.

514 F.2d 1098 (1975)

UNITED STATES of America, Appellant, v. Andrew FUREY, Appellee.

United States Court of Appeals, Second Circuit.

Decided February 25, 1975.

As Amended April 7, 1975.

Attorney(s) appearing for the Case

Edward R. Korman, Chief Asst. U. S. Atty. (David G. Trager, U. S. Atty., E. D. N. Y., Brooklyn, N. Y., of counsel), for appellant.

James M. Furey, Hempstead, N. Y. (Furey & Mooney, Hempstead, N. Y., of counsel), for appellee.

Before SMITH, HAYS and MANSFIELD, Circuit Judges.

MANSFIELD, Circuit Judge:

The single issue raised by this appeal is the validity of the dismissal-with-prejudice sanction of Rule 4 of the Eastern District Plan for the Prompt Disposition of Criminal Cases (the "Plan").1 The government challenges (1) the power of the Judicial Branch to promulgate a rule requiring such a sanction, and (2) the validity of Rule 50(b), F.R.Cr.P.,

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