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UNITED STATES v. BITTLE

No. 82-1408.

699 F.2d 1201 (1983)

UNITED STATES of America v. Curtis Lee BITTLE, a/k/a Lee Curtis Brittle, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided January 25, 1983.

Attorney(s) appearing for the Case

David A. Levitt, Washington, D.C. (appointed by this court as co-counsel), for appellant. Richard S. Kohn, Washington, D.C. (also appointed by this court), was on the brief, for appellant.

Wendy Bebie, Asst. U.S. Atty., Washington, D.C., with whom Stanley S. Harris, U.S. Atty., John A. Terry, Asst. U.S. Atty., Washington, D.C., at the time the brief was filed, and David W. Stanley, Asst. U.S. Atty., Washington, D.C., were on the brief, for appellee.

Before TAMM, EDWARDS, and BORK, Circuit Judges.

Opinion for the court filed by Circuit Judge TAMM.

TAMM, Circuit Judge:

The Speedy Trial Act provides that an indictment must be filed within thirty days of an individual's arrest. Section 3161(d)(1) of the Act usually permits the time period for indictment to run anew when a complaint is dismissed. The district court, however, interpreted the section not to apply when the complaint has been dismissed more than thirty days after arrest and the dismissal would...

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