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UNITED STATES v. MACKLIN

No. 1235, Dockets 75-1189, 75-3031.

523 F.2d 193 (1975)

UNITED STATES of America, Appellant, v. Daniel MACKLIN, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided September 4, 1975.

Attorney(s) appearing for the Case

Edward R. Korman, Chief Asst. U. S. Atty. for the Eastern District of New York (David G. Trager, U. S. Atty. for the Eastern District of New York, of counsel), for appellant.

Albert H. Socolov, New York City, for defendant-appellee.

Before GURFEIN, VAN GRAAFEILAND and MESKILL, Circuit Judges.

GURFEIN, Circuit Judge:

The United States appeals from an order of the United States District Court for the Eastern District of New York, Jacob Mishler, Chief Judge, which granted the motions of defendant, Daniel Macklin, to withdraw his plea of guilty under Fed.R.Crim.P. 32(d) and to dismiss the indictment on the ground that the term of the grand jury which returned the indictment had been improperly extended. The appeal is pursuant to 18 U.S.C. § 3731...

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