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UNITED STATES v. PHILLIPS

No. 84-5895.

775 F.2d 1454 (1985)

UNITED STATES of America, Plaintiff-Appellant, v. Al PHILLIPS, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

November 12, 1985.

Attorney(s) appearing for the Case

Stanley Marcus, U.S. Atty., Jon May, David O. Leiwant, Linda Collins Hertz, Asst. U.S. Attys., Miami, Fla., for plaintiff-appellant.

Jeffrey A. Miller, Bruce Rogow, Fort Lauderdale, Fla., for defendant-appellee.

Before VANCE and HATCHETT, Circuit Judges, and ATKINS, District Judge.

VANCE, Circuit Judge.

This is the second appeal by the government in this case following the district court's dismissal with prejudice of a multicount indictment against appellee, Al Phillips. On the prior appeal we concluded that the district court had improperly applied a presumption that dismissals under the Speedy Trial Act should be with prejudice. We directed that on remand it consider the factors enumerated in 18 U.S.C. § 3162(a)(2) without the influence...

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