UNITED STATES v. HATTRUP

No. 84-3090.

763 F.2d 376 (1985)

UNITED STATES of America, Plaintiff-Appellant, v. Joseph K. HATTRUP and Robert H. Hattrup, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 14, 1985.


Attorney(s) appearing for the Case

Lance Caldwell, Asst. U.S. Atty., Portland, Or., for plaintiff-appellant.

Phillip M. Margolin, Portland, Or., for defendants-appellees.

Before KENNEDY and NORRIS, Circuit Judges, and LYNCH, District Judge.


KENNEDY, Circuit Judge:

In a multi-count indictment, Robert and Joseph Hattrup were charged with mail fraud in violation of 18 U.S.C. § 1341 and conspiracy in violation of 18 U.S.C. § 371. The district judge dismissed the indictment with prejudice, apparently relying upon Rule 48(b) of the Federal Rules of Criminal Procedure rather than the Speedy Trial Act, 18 U.S.C. §§ 3161-3174 (1982), or the Sixth Amendment right to a speedy trial. The Government...

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