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UNITED STATES v. BRAINER

No. 81-5159.

691 F.2d 691 (1982)

UNITED STATES of America, Appellee, v. William BRAINER, Appellant. Eugene Gressman, Esq., Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided October 19, 1982.

Attorney(s) appearing for the Case

Gerald A. Kroop, Baltimore, Md. (Barbara Mello, Baltimore, Md., on brief), for appellant.

J. Frederick Motz, U. S. Atty., Baltimore, Md. (Steven A. Allen, Asst. U. S. Atty., Baltimore, Md., on brief), for appellee.

Eugene Gressman, School of Law, University of North Carolina, Chapel Hill, N. C., for amicus curiae.

Before WINTER, Chief Judge, PHILLIPS and MURNAGHAN, Circuit Judges.

HARRISON L. WINTER, Chief Judge:

This case requires us to rule on the constitutionality of an aspect of the Speedy Trial Act of 1972, as amended, 18 U.S.C. §§ 3161 et seq. The district court held the Act invalid as "an unconstitutional encroachment upon the Judiciary." United States v. Brainer, 515 F.Supp. 627, 630 (D.Md.1981).1 It...

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