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UNITED STATES v. McAFEE

No. 85-1355.

780 F.2d 143 (1985)

UNITED STATES, Appellee, v. James Crawford McAFEE, Lloyd Cowan Parker, William Bull Pringle, III, Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided December 20, 1985.

Rehearings Denied February 27, 1986.

Attorney(s) appearing for the Case

Robert F. Muse with whom Ronald Kovner, Washington, D.C., was on brief for appellant Pringle.

Robert W. Ritchie, Amherst, Mass., for appellant Parker.

Herbert S. Moncier, Knoxville, Tenn., for appellant McAfee.

Gary S. Katzmann, Asst. U.S. Atty., with whom William F. Weld, U.S. Atty., and Robert W. Meserve, Sp. Asst. to the U.S. Atty., Boston, Mass., were on brief for appellee.

Before COFFIN, Circuit Judge, TIMBERS, Senior Circuit Judge, BOWNES, Circuit Judge.

BOWNES, Circuit Judge.

We consider here an appeal of a decision of the district court arising out of our remand in United States v. Pringle, 751 F.2d 419 (1st Cir.1984), in which we asked the district court to determine whether a four and one-half-month period of delay in criminal pretrial proceedings was excludable delay under the Speedy Trial Act, 18 U.S.C. § 3161(h)(1)(F) (1982). The district court,

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