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U.S. v. GIAMBRONE

No. 295, Docket 90-1317.

920 F.2d 176 (1990)

UNITED STATES of America, Appellant, v. Louis GIAMBRONE, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided December 4, 1990.

Attorney(s) appearing for the Case

Patty Merkamp Stemler, Atty., Dept. of Justice, Washington, D.C. (Dennis C. Vacco, U.S. Atty., W.D.N.Y., Michael A. Battle, Asst. U.S. Atty., Buffalo, N.Y., on the brief), for appellant.

John Patrick Pieri, Buffalo, N.Y. (Condon & Pieri, P.C., on the brief), for defendant-appellee.

Before KAUFMAN, KEARSE and McLAUGHLIN, Circuit Judges.

KEARSE, Circuit Judge:

The United States appeals from a final judgment of the United States District Court for the Western District of New York, Richard J. Arcara, Judge, dismissing with prejudice the indictment against defendant Louis Giambrone because of the government's failure to comply with the Speedy Trial Act ("Act"), 18 U.S.C. § 3161 et seq. (1988). On appeal, the government contends that the dismissal should have been without prejudice...

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