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UNITED STATES v. CARTER

No. 79-5282. Summary Calendar.

603 F.2d 1204 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Maurice Robert CARTER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied November 5, 1979.

Attorney(s) appearing for the Case

George L. Clapham, Orlando, Fla., for defendant-appellant.

Kendell W. Wherry, Asst. U. S. Atty., Orlando, Fla., for plaintiff-appellee.

Before AINSWORTH, GODBOLD and VANCE, Circuit Judges.

AINSWORTH, Circuit Judge:

Defendant-appellant Maurice Robert Carter was convicted after a jury trial of conspiracy to import marijuana in violation of 21 U.S.C. §§ 952(a) and 963. Before trial Carter moved to dismiss the indictment pursuant to Federal Rule of Criminal Procedure 48(b) and the Sixth Amendment of the Bill of Rights for deprivation of his right to a speedy trial. After hearing testimony the district court concluded that the delay in bringing...

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