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UNITED STATES v. HASTINGS

Nos. LR-75-CR-242 and LR-76-CR-18.

447 F.Supp. 534 (1977)

UNITED STATES of America, Plaintiff, v. Harry HASTINGS, Jr., Paul Hastings and Toney Givens, Defendants. UNITED STATES of America, Plaintiff, v. Harry HASTINGS, Sr., Toney Lynn Givens and Gary Wayne Smith, Defendants.

United States District Court, E. D. Arkansas, W. D.

August 23, 1977.

Attorney(s) appearing for the Case

W. H. Dillahunty, U. S. Atty., Walter G. Riddick, Jr., Asst. U. S. Atty., Little Rock, Ark., for plaintiff.

House, Holmes & Jewell, and Jack L. Lessenberry, Little Rock, Ark., for Harry Hastings, Jr., Paul Hastings, and Harry Hastings, Sr.

L. Gene Worsham, Little Rock, Ark., for Toney Givens and Gary Wayne Smith.

MEMORANDUM OPINION

SHELL, District Judge.

These criminal cases present novel questions concerning the responsibilities of this Court to supervise terminations of prosecutions sought pursuant to Rule 48(a) of the Federal Rules of Criminal Procedure. The United States Department of Justice seeks dismissal simpliciter of two federal indictments on the basis of its conclusion that local law enforcement tactics employed in the apprehension of these defendants...

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