UNITED STATES v. HILLEGAS

No. 706, Docket 78-1004.

578 F.2d 453 (1978)

UNITED STATES of America, Appellant, v. Donald HILLEGAS, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 14, 1978.

As Amended May 3, 1978.


Attorney(s) appearing for the Case

Frederick P. Hafetz, Asst. U. S. Atty. (Robert B. Fiske, Jr., U. S. Atty., for S. D. New York, Allen R. Bentley, Richard D. Weinberg, Robert J. Jossen, Asst. U. S. Attys., New York City, of counsel), for appellant.

Mark Lemle Amsterdam, New York City, for defendant-appellee.

Before HAYS, FEINBERG and MANSFIELD, Circuit Judges.


MANSFIELD, Circuit Judge:

This appeal by the Government pursuant to 18 U.S.C. § 3731 from dismissal of an indictment raises the question of whether, under the Interim Statement of Time Limits and Procedures for Achieving Prompt Disposition of Criminal Cases (the "Current Plan"), which was adopted by the Southern District of New York effective July 1, 1976, pursuant to the Speedy Trial Act of 1974, 18 U.S.C. § 3165 (the "Act"), the time limits prescribed...

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