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UNITED STATES v. RICH

No. 76-1621.

589 F.2d 1025 (1978)

UNITED STATES of America, Appellant, v. J. Milton RICH, Appellee.

United States Court of Appeals, Tenth Circuit.

Decided December 20, 1978.

Attorney(s) appearing for the Case

Calvin B. Kurimai, Crim. Div., Dept. of Justice, Washington, D. C. (Ronald L. Rencher, U. S. Atty., Salt Lake City, Utah, and Richard W. Beckler, Crim. Div., Dept. of Justice, Washington, D. C., on the brief), for appellant.

Donn E. Cassity, of Romney, Nelson & Cassity, Salt Lake City, Utah (Kenneth R. Brown, Salt Lake City, Utah, on the brief), for appellee.

Before BREITENSTEIN, McWILLIAMS and BARRETT, Circuit Judges.

Opinion on Rehearing

BARRETT, Circuit Judge.

The United States appeals from the May 25, 1976, order of the District Court dismissing the indictment brought against J. Milton Rich. The District Court ruled that trial could not proceed without (a) violating Rich's rights under the Double Jeopardy Clause of the Fifth Amendment, and (b) denying Rich his right to a speedy trial guaranteed by the Sixth Amendment and Fed.R.Crim.P. rule 48(b), 18 U.S.C.A. Our jurisdiction...

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