UNITED STATES v. CORREIA

No. 75-1390.

531 F.2d 1095 (1976)

UNITED STATES of America, Appellant, v. Joseph Fernandes CORREIA et al., Defendants-Appellees.

United States Court of Appeals, First Circuit.

March 18, 1976.


Attorney(s) appearing for the Case

Robert B. Collings, Asst. U. S. Atty., Boston, Mass., with whom James N. Gabriel, U. S. Atty., was on brief for appellant.

Robert F. Muse, Boston, Mass., with whom Frank P. Marchetti, Boston, Mass., was on brief for appellee.

Before COFFIN, Chief Judge, McENTEE and CAMPBELL, Circuit Judges.


COFFIN, Chief Judge.

The government appeals under 18 U.S.C. § 3731 from an order dismissing an indictment because of the prosecution's inability to proceed to trial at a continued date certain. The inability lay in the government's failure to locate the key witness. We hold that the district court did not abuse its discretion.

The relevant sequence of events is the following. On March 26, 1975, defendants were indicted. On June 25, the case was set for...

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