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U.S. v. MENDOZA

Crim. A. No. 87-5.

663 F.Supp. 1043 (1987)

UNITED STATES of America, Plaintiff, v. Alvaro MENDOZA, et al., Defendants.

United States District Court, D. New Jersey.

July 7, 1987.

Attorney(s) appearing for the Case

Rene A. Sotorrio, Coral Gables, Fla., for defendant Alvaro Mendoza.

Peter Harvey, Asst. U.S. Atty., Newark, N.J., for Government.

Howard Brownstein, Brownstein, Booth, Barry & Diaz, Jersey City, N.J., for defendant Luis Mena.

Larry Lustberg, Federal Public Defender, Newark, N.J., for defendant Kevin Ford.

Alan Zegas, West Orange, N.J., for defendant Kenneth Pagliaroli.

OPINION

SAROKIN, District Judge.

Defendant, Alvaro Mendoza, one of multiple defendants in this criminal proceeding, moves for mandatory immediate release from pre-trial custody pursuant to the provisions of 18 U.S.C. § 3164, alleging that he has been in continuous detention awaiting trial in excess of ninety days and that "through no fault of his own, his trial has not commenced". 18 U.S.C. § 3164(c). Relying on that portion of § 3164(c) which...

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