U.S. v. BATIE

No. 04-4299.

433 F.3d 1287 (2006)

UNITED STATES of America, Plaintiff-Appellant, v. Michael Charles BATIE, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

January 4, 2006.


Attorney(s) appearing for the Case

Elizabethanne C. Stevens, Assistant United States Attorney (Paul M. Warner, United States Attorney and Barbara Bearnson, Assistant United States Attorney with her on the brief), Salt Lake City, UT, for Plaintiff-Appellant.

Mary C. Corporon, of Corporon, Williams & Bradford, P.C., Salt Lake City, UT, for Defendant-Appellee.

Before McCONNELL, McKAY, and TYMKOVICH, Circuit Judges.


McCONNELL, Circuit Judge.

Michael Charles Batie was indicted on May 15, 2003 for armed bank robbery and for brandishing a firearm while committing a crime of violence. After seventeen months and three mistrials the district court granted Mr. Batie's motion to dismiss the indictment with prejudice for violations of his constitutional rights to a speedy trial and due process. The government appeals and we REVERSE.

I.

Mr. Batie was indicted...

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