UNITED STATES v. CAPARELLA

No. 1250, Docket 83-1059.

716 F.2d 976 (1983)

UNITED STATES of America, Appellee, v. Donald CAPARELLA, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided August 26, 1983.


Attorney(s) appearing for the Case

Phylis Skloot Bamberger, Federal Defender Services Unit, New York City, for defendant-appellant.

Brian E. Maas, Asst. U.S. Atty., Brooklyn, N.Y. (Raymond J. Dearie, U.S. Atty., E.D.N.Y., Jane Simkin Smith, Asst. U.S. Atty., Brooklyn, N.Y., of counsel), for appellee.

Before OAKES, CARDAMONE and PIERCE, Circuit Judges.


CARDAMONE, Circuit Judge:

The question presented on this appeal requires us to focus on policy considerations which undergird the Speedy Trial Act of 1974 (Act) in order to determine whether the dismissal of a criminal complaint against appellant should have been with or without prejudice. Appellant advances two arguments in support of his contention that the dismissal should have been with prejudice so as to bar his reprosecution. He first contends that the dismissal...

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