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U.S. v. O'DELL

No. 96-6733.

154 F.3d 358 (1998)

UNITED STATES of America, Plaintiff-Appellant, v. Jackson C. O'DELL, III, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided August 31, 1998.

Attorney(s) appearing for the Case

Steve H. Cook, Asst. U.S. Attorney (argued and briefed), Office of U.S. Attorney, Knoxville, TN, for Plaintiff-Appellant.

Herbert S. Moncier (briefed), David S. Wigler (argued and briefed), Knoxville, TN, for Defendant-Appellee.

Before: MERRITT, KENNEDY, and GILMAN, Circuit Judges.

OPINION

KENNEDY, Circuit Judge.

The United States appeals the District Court's dismissal with prejudice under the Speedy Trial Act (hereinafter "STA"), 18 U.S.C. §§ 3161-3174, of two counts of a fourcount indictment against defendant Jackson C. O'Dell III (hereinafter "O'Dell"). The District Court held that ninety-three days of nonexcludable delay had elapsed, exceeding the STA's seventy day limit. Sixty-three of those days elapsed during proceedings...

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