UNITED STATES v. MARTINEZ

Nos. 1221, 1240-1245, Dockets 76-1236, 76-1243 to 76-1248.

538 F.2d 921 (1976)

UNITED STATES of America, Appellee, v. Manuel Francisco Padilla MARTINEZ, et al., Appellants.

United States Court of Appeals, Second Circuit.

Decided June 4, 1976.


Attorney(s) appearing for the Case

Robert B. Fiske, Jr., U.S. Atty., Southern District of New York, New York City (Lawrence Iason, Frederick T. Davis, Michael Q. Carey, Asst. U.S. Attys., New York City, on the brief), for appellee.

Phylis Skloot Bamberger, New York City (William J. Gallagher, The Legal Aid Society, Federal Defender Services Unit, New York City, on the brief) for appellants Manuel Francisco Padilla Martinez, et al.

John A. Ciampa, New York City, for Mejias.

Michael P. Stokamer, Stokamer & Epstein, New York City, for M. Navas.

Howard L. Jacobs, New York City, for E. Navas.

Stuart R. Shaw, New York City, for Cifuentes-Rojas.

Abraham Solomon, New York City, for Ramierez-Rivera.

Herbert Olon Brown, Brooklyn, N.Y., for Cadeva.

Before CLARK, Associate Justice, TIMBERS, Circuit Judge, and TENNEY, District Judge.


CLARK, Associate Justice:

Appellants appeal1 from an order of the United States District Court for the Southern District of New York entered on May 24, 1976, denying a motion for their release from incarceration during trial, which is now in progress. Appellants claim that they are entitled to release pursuant to 18 U.S.C. § 3164 [The Speedy Trial Act, Public Law 93-619, 93d Congress 5754, January 3, 1975]2

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