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U.S. v. YUAN QING JIANG

Nos. 99-10367, 99-10368, 99-10369.

214 F.3d 1099 (2000)

UNITED STATES of America, Plaintiff-Appellant, v. YUAN QING JIANG, Defendant-Appellee. United States of America, Plaintiff-Appellant, v. Gao Li, Defendant-Appellee. United States of America, Plaintiff-Appellant, v. Ji Hua Zheng, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 14, 2000

Attorney(s) appearing for the Case

Vicki S. Marani, United States Department of Justice, Washington, D.C., for the plaintiff-appellant.

Howard Trapp, Howard Trapp Inc., Hagatna, Guam; Sinforoso Tolentino, Hagatna, Guam; Jehan'Ad G. Martinez, Klemm, Blair, Sterling & Johnson, Hagatna, Guam, for the defendants-appellees.

Before: WOOD, Jr., KLEINFELD, and GRABER, Circuit Judges.

GRABER, Circuit Judge:

Defendants each were indicted in the District of Guam on one count of smuggling aliens in violation of 8 U.S.C. § 1324(a)(1)(A)(i). On July 12, 1999, the district court denied the government's motion for a continuance and dismissed the indictments with prejudice under Federal Rule of Criminal Procedure 48(b). The government appealed, arguing that the district court should have dismissed the indictments without prejudice, if...

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