U.S. v. DELGADO-MIRANDA

No. 91-30094.

951 F.2d 1063 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Jose DELGADO-MIRANDA; a/k/a Jose Delgado, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 13, 1991.


Attorney(s) appearing for the Case

Peter Offenbecher, Asst. Federal Public Defender, Seattle, Wash., for defendant-appellant.

Robert H. Westinghouse, Asst. U.S. Atty., Seattle, Wash., for plaintiff-appellee.

Before WRIGHT, THOMPSON and T.G. NELSON, Circuit Judges.


PER CURIAM:

On direct appeal from a conviction and sentence for illegal re-entry after deportation, this court reversed and remanded in October 1990 because of a violation of the Speedy Trial Act, 18 U.S.C. § 3161(b), 917 F.2d 566. The direction of the remand was to "determine whether to dismiss the charge and the complaint with or without prejudice." The Speedy Trial Act violation involved a delay of more than 30 days between arrest and indictment.

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