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U.S. v. TSOSIE

No. 91-2210.

966 F.2d 1357 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. George TSOSIE, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 12, 1992.

Attorney(s) appearing for the Case

Mary L. Higgins, Asst. U.S. Atty. (Don J. Svet, U.S. Atty., with her on the brief), Albuquerque, N.M., for plaintiff-appellee.

Stephen P. McCue, Asst. Federal Public Defender, Albuquerque, N.M., for defendant-appellant.

Before MCKAY, Chief Circuit Judge, MOORE, Circuit Judge, and EISELE, District Judge.

JOHN P. MOORE, Circuit Judge.

Defendant George Tsosie appeals the dismissal without prejudice under the Speedy Trial Act of his indictment for aggravated sexual abuse of a child. Because dismissal without prejudice under the Speedy Trial Act is not a final decision under either 28 U.S.C. § 1291 or the collateral order doctrine, we dismiss the appeal for lack of jurisdiction.

I.

On April 11, 1991, Mr. Tsosie was charged with committing aggravated...

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