U.S. v. PEREZ

No. 87-2550.

845 F.2d 100 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. Librado Israel PEREZ and Eustolio Gil Aranda-Rodriguez, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

April 29, 1988.


Attorney(s) appearing for the Case

Heriberto Medrano, Harlingen, Tex. (court appointed), for Perez.

Roberto J. Yzaguarre, McAllen, Tex., for Rodriguez.

Henry K. Oncken, U.S. Atty., Patty Merkamp Stemler, Mervyn Hamburg, Appellate Section, Crim. Div., U.S. Dept. of Justice, Washington, D.C., for U.S.

Before GARZA, HIGGINBOTHAM and SMITH, Circuit Judges.


GARZA, Circuit Judge:

The defendants appeal from an order of the district court denying their motions to dismiss a second indictment on the basis that it violated the Speedy Trial Act's requirement that indictment occur within thirty days of arrest, 18 U.S.C. § 3161(b). Because the first indictment which subsequently was found to be defective tolled the applicable limitation period, and because fewer than thirty days elapsed between the defendants' second arrest...

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