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UNITED STATES v. HOOKER

No. 79-1299.

607 F.2d 286 (1979)

UNITED STATES of America, Plaintiff-Appellant, v. James E. HOOKER, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

October 26, 1979.

Attorney(s) appearing for the Case

Donald M. Currie, Asst. U.S. Atty., Seattle, Wash., for plaintiff-appellant.

Irwin H. Schwartz, Federal Public Defender, Tacoma, Wash., for defendant-appellee.

Before DUNIWAY, PECK and HUG, Circuit Judges.

DUNIWAY, Circuit Judge:

The district court dismissed for post indictment delay an indictment filed against James E. Hooker on July 13, 1976. The government appeals from the judgment of dismissal, and we reverse. The question presented is whether the government, in the case of an indicted defendant who is a prisoner in a foreign country, and not charged by the government with an extraditable offense, must nevertheless make...

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