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UNITED STATES v. THERON

Nos. 85-2881, 85-2882.

782 F.2d 1510 (1986)

UNITED STATES of America, Plaintiff-Appellee, v. Frans J. THERON, Defendant-Appellant. Frans J. THERON, Petitioner, v. Honorable Earl E. O'CONNOR, United States District Judge for the District of Kansas, Respondent.

United States Court of Appeals, Tenth Circuit.

January 31, 1986.

Attorney(s) appearing for the Case

Peter B. Bennett, Thomas L. Weisenbeck, and John M. Simon, of Hannoch Weisman, Roseland, N.J., and Bruce C. Houdek, of James, Millert, Houdek, Tyrl & Somers, Kansas City, Mo., for petitioner and defendant-appellant.

Benjamin L. Burgess, Jr., U.S. Atty., and Richard L. Hathaway, Asst. U.S. Atty., Topeka, Kan., for respondent and plaintiff-appellee.

Before McKAY, LOGAN, and MOORE, Circuit Judges.

LOGAN, Circuit Judge.

We have before us an application for a writ of mandamus and an appeal, permitted by Fed.R.App.P. 9(a), of a district court's refusal to release a criminal defendant from custody pending trial. Petitioner-defendant, Frans J. Theron, seeks a writ of mandamus ordering the trial judge to either commence his criminal trial or dismiss the indictment against him pursuant to the Speedy Trial Act, 18 U.S.C. §§ 3161-3174. Thereon also appeals...

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