UNITED STATES v. SEVERDIJA

No. 82-5496.

723 F.2d 791 (1984)

UNITED STATES of America, Plaintiff-Appellant, v. Nikolas SEVERDIJA, Luis Alfonso Marquez-Brito, Juan Israel Hernandez-Linares, Reyes Ruiz Valdez, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

January 23, 1984.


Attorney(s) appearing for the Case

Stanley Marcus, U.S. Atty., Jon May, Robert J. Bondi, Asst. U.S. Attys., Miami, Fla., for plaintiff-appellant.

Linda L. Carroll, Miami, Fla., for Nikolas Severdija.

Hugh J. Behan, Asst. Federal Public Defender, Miami, Fla., for Luis Alfonso Marquez-Brito.

Kathleen Hamilton, Coral Gables, Fla., for Juan Israel Hernandez-Linares.

Paul M. Korchin, Miami, Fla., for Reyes Ruiz Valdez.

Before RONEY, HATCHETT and ANDERSON, Circuit Judges.


RONEY, Circuit Judge:

In this case the Government appeals the district court's dismissal with prejudice of an indictment against four defendants because of a delay in trial which was held to violate the Speedy Trial Act, 18 U.S.C.A. §§ 3161-3174. We reverse the dismissal and remand the case for trial because, taking into consideration the number of days properly excludable for computation purposes, the 70-day speedy trial period had not expired at the time...

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