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U.S. v. WALKER

No. 85-1051 Summary Calendar.

856 F.2d 26 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Max Lee WALKER, Kermit Lee Newman, William Samuel Conway and William Wayne Cupps, Jr., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

September 20, 1985.

Attorney(s) appearing for the Case

Mike Barclay, Alpine, Tex., for defendants-appellants.

Helen M. Eversberg, U.S. Atty., San Antonio, Tex., Michael S. McDonald, Asst. U.S. Atty., El Paso, Tex., for plaintiff-appellee.

Before RUBIN, JOHNSON and JONES, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

The issue presented by this case is whether an arrest based on probable cause is an arrest within the meaning of section 3161(b) of the Speedy Trial Act,1 even if the person so arrested is later released without the filing of charges. Section 3161(b) of the Act requires the government to prosecute persons within thirty days of their arrests. In this case, the government did not indict the defendants until...

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