UNITED STATES v. SALGADO-HERNANDEZ

Nos. 85-2849, 85-2850.

790 F.2d 1265 (1986)

UNITED STATES of America, Plaintiff-Appellee, v. Jesus SALGADO-HERNANDEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 5, 1986.


Attorney(s) appearing for the Case

Lucien B. Campbell, Federal Public Defender, San Antonio, Tex., for defendant-appellant.

Ms. Sidney Powell, Asst. U.S. Atty., Helen M. Eversberg, U.S. Atty., Michael R. Hardy, Asst. U.S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before RUBIN, POLITZ, and JOHNSON, Circuit Judges.


ALVIN B. RUBIN, Circuit Judge:

This appeal presents a single issue: did the district court err in refusing to dismiss with prejudice the complaint against the defendant for the government's failure to indict him within thirty days of his arrest as required by the Speedy Trial Act? Because the Act commits to the judge's discretion the decision whether to dismiss the complaint with or without prejudice, we hold that the court acted within its authority when it dismissed...

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