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UNITED STATES v. CLARK

No. 86-2189 Summary Calendar.

807 F.2d 412 (1986)

UNITED STATES of America, Plaintiff-Appellee, v. Tommy Gene CLARK, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 23, 1986.

Attorney(s) appearing for the Case

Charles D. Carver, (court-appointed), Ronald Plessala, Port Arthur, Tex., for defendant-appellant.

Paul E. Naman, Asst. U.S. Atty., Bob Wortham, U.S. Atty., Beaumont, Tex., for plaintiff-appellee.

Before POLITZ, WILLIAMS and JONES, Circuit Judges.

POLITZ, Circuit Judge:

Tommy Gene Clark was indicted on kidnapping charges, 18 U.S.C. § 1201, on July 25, 1985. The trial began on January 6, 1986. At that time, Clark entered a plea of guilty, reserving his right to urge on appeal the protection of the Speedy Trial Act, 18 U.S.C. §§ 3161 et seq.

There was a lapse of 165 days between the indictment and commencement of trial. The Speedy Trial Act requires trial within 70 days, not counting...

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