U.S. v. PEEPLES

No. 86-1654 Summary Calendar.

811 F.2d 849 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph Shea PEEPLES, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 20, 1987.


Attorney(s) appearing for the Case

J. Kevin Charters, Lexington, Ky., for defendant-appellant.

Sidney Powell, Asst. U.S. Atty., Marvin Collins, U.S. Atty., David B. Lewis, Asst. U.S. Atty., Dallas, Tex., for plaintiff-appellee.

Before CLARK, Chief Judge, GARWOOD, and HILL, Circuit Judges.


PER CURIAM:

Joseph Shea Peeples contends that the district court erred in dismissing without prejudice a prior indictment against him. He was subsequently reindicted and convicted on all counts. Peeples argues that the Speedy Trial Act, 18 U.S.C. §§ 3161-3174, requires that the prior indictment be dismissed with prejudice. Finding no abuse of discretion by the district court in dismissing without prejudice, we affirm the judgments of conviction.

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