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UNITED STATES v. SIMMONS

No. 75-3251.

536 F.2d 827 (1976)

UNITED STATES of America, Appellant, v. James Henry SIMMONS, Appellee.

United States Court of Appeals, Ninth Circuit.

May 24, 1976.

Attorney(s) appearing for the Case

Robert H. Westinghouse, Asst. U. S. Atty., (argued), Seattle, Wash., for appellant.

Irvin H. Schwartz, Federal Public Defender, (argued), Seattle, Wash., for appellee.

Before BARNES, BROWNING and WRIGHT, Circuit Judge:

OPINION

BARNES, Senior Circuit Judge:

In a two-count indictment, Simmons was charged with forging and uttering a United States Treasury check in violation of 18 U.S.C. § 495. The district judge dismissed the indictment with prejudice, holding that the government violated the defendant's Sixth Amendment right to a speedy trial. As a second rationale, the indictment was dismissed with prejudice under the authority of Rule 48(b) of the Federal Rules of...

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