U.S. v. DESSESAURE

No. 08-1029.

556 F.3d 83 (2009)

UNITED STATES of America, Appellant, v. Earl DESSESAURE, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided February 24, 2009.


Attorney(s) appearing for the Case

Randall E. Kromm, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief for appellant.

James B. Krasnoo, by appointment of the court, with whom Krasnoo/Klehm LLP was on brief for appellee.

Before LYNCH, Chief Judge, TORRUELLA and BOUDIN, Circuit Judges.


PER CURIAM.

In this appeal, the government challenges the district court's dismissal with prejudice—for violations of the Speedy Trial Act, 18 U.S.C. § 3161 (2006)—of its four-count indictment against Earl Dessesaure. The prosecutor concedes that the statute was violated, but says that government error was inadvertent and caused only a modest delay and no harm, so dismissal should have been without prejudice. The background, elaborated in the cited...

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