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UNITED STATES v. VAN BRANDY

Crim. No. 82-0640-JLI.

563 F.Supp. 438 (1983)

UNITED STATES of America, Plaintiff, v. Elliott VAN BRANDY, Gardie Shine, Charles Thomas Patterson, Defendants.

United States District Court, S.D. California.

March 31, 1983.

Attorney(s) appearing for the Case

Peter K. Nunez, U.S. Atty., Leodis C. Matthews, Asst. U.S. Atty., San Diego, Cal., for plaintiff.

Paul Duvall, San Diego, Cal., for Van Brandy.

Frank M. Murphy, III, San Diego, Cal., for Shine.

Federal Defenders of San Diego, Inc. by Judy Clarke, San Diego, Cal., for Patterson.

MEMORANDUM DECISION

IRVING, District Judge.

The sole issue presented for this Court's determination is whether four of six counts in a superseding indictment should be dismissed because of a violation of the Speedy Trial Act, 18 U.S.C. § 3161, et seq, and if so, whether that dismissal should be with or without prejudice.

I

On August 17, 1982, defendants Van Brandy and Shine were arrested outside the Grossmont Bank in San Diego...

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