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UNITED STATES v. REYNOLDS

No. 84-5151.

781 F.2d 135 (1986)

UNITED STATES of America, Appellant, v. John Patrick REYNOLDS, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided January 7, 1986.

Rehearing Denied February 26, 1986.

Attorney(s) appearing for the Case

Ronald I. Meshbesher, Minneapolis, Minn., for appellant.

Franklin Noel, Asst. U.S. Atty., Minneapolis, Minn., for appellee.

Before BRIGHT, ROSS and JOHN R. GIBSON, Circuit Judges.

JOHN R. GIBSON, Circuit Judge.

John Patrick Reynolds was convicted by a jury of conspiracy to distribute marijuana in violation of 18 U.S.C. § 371 (1982). The only issue raised is whether the Speedy Trial Act of 1974, 18 U.S.C. § 3161 et seq. (1982), prohibits commencement of trial less than 30 days from the date on which the defendant appears on a superseding indictment substantially the same as the original indictment. The district court

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