UNITED STATES v. CARLONE

No. 81-2012.

666 F.2d 1112 (1981)

UNITED STATES of America, Plaintiff-Appellant, v. Anthony M. CARLONE, Avie Cohen and Leonard Bednarz, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided December 23, 1981.

Rehearing Denied January 29, 1982.


Attorney(s) appearing for the Case

Patty Merkamp Stemler, Dept. of Justice, Washington, D. C., for plaintiff-appellant.

Peter Berman, Chicago, Ill., Joseph S. Friedberg, Minneapolis, Minn., for defendants-appellees.

Before CUMMINGS, Chief Judge, and SPRECHER and POSNER, Circuit Judges.


POSNER, Circuit Judge.

This appeal by the government from an order dismissing an indictment raises a question of first impression under the Speedy Trial Act, 18 U.S.C. §§ 3161 et seq., relating to the power of a district judge to vacate a continuance retroactively to the date when he granted it.

The indictment, filed on August 7, 1980, alleged that the defendants had violated a number of federal criminal statutes through a scheme devised and...

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