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U.S. v. SIMMONS

No. 688, Docket 86-1432.

812 F.2d 818 (1987)

UNITED STATES of America, Appellee, v. Charles SIMMONS, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided March 2, 1987.

Attorney(s) appearing for the Case

Phylis Skloot Bamberger, The Legal Aid Society, New York City, for defendant-appellant.

Kenneth Roth, Asst. U.S. Atty., New York City (Rudolph W. Giuliani, U.S. Atty., Robert Gage, Asst. U.S. Atty., New York City, on the brief), for appellee.

Before NEWMAN, CARDAMONE and WINTER, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

This appeal presents the issue whether the Southern District of New York Plan for Prompt Disposition of Criminal Cases ("Southern District Plan" or "Plan") requires dismissal of an indictment for pretrial delay in a case in which such delay does not violate the Speedy Trial Act. The issue arises on an appeal by Charles Simmons from a judgment of the District Court for the Southern District of New York (Thomas P. Griesa, Judge). Because...

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