UNITED STATES v. MACKLIN

No. 837, Docket 75-1419.

535 F.2d 191 (1976)

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

United States Court of Appeals, Second Circuit.

Decided May 3, 1976.


Attorney(s) appearing for the Case

Gary A. Woodfield, Asst. U.S. Atty., Brooklyn, N.Y. (David G. Trager, U.S. Atty., Brooklyn, N.Y., of counsel), for appellant.

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

Before MULLIGAN and GURFEIN, Circuit Judges, and WYZANSKI, District Judge.


GURFEIN, Circuit Judge:

This is an appeal by the United States, pursuant to 18 U.S.C. § 3731, from an order of the United States District Court for the Eastern District of New York, Jacob Mishler, Chief Judge, which granted the motion of the defendant, Daniel Macklin, to dismiss the indictment on the ground that it is barred by the statute of limitations.

On May 16, 1973, appellee was indicted on 25 counts of violating 18 U.S.C. § 1010 by...

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