U.S. v. WILLIAMS

Nos. 08-5116, 08-5117.

576 F.3d 1149 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Demarco Deon WILLIAMS, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 13, 2009.


Attorney(s) appearing for the Case

Stephen L. Sewell, Assistant United States Attorney, Tulsa, OK, (David E. O'Meilia, United States Attorney for the Northern District of Oklahoma, and Matthew P. Cyran, Assistant United States Attorney, with him on the briefs) for Plaintiff-Appellee.

Fred Randolph Lynn, Tulsa, OK, for Defendant-Appellant.

Before HARTZ, HOLLOWAY, and McCONNELL, Circuit Judges.


HOLLOWAY, Circuit Judge.

On a previous appeal in this case, we found a violation of the Speedy Trial Act and remanded defendant-appellant Demarco Deon Williams's prosecution with instructions to determine whether to dismiss his indictment with or without prejudice. United States v. Williams, 511 F.3d 1044 (10th Cir.2007); see also 18 U.S.C. § 3162(a)(2) (requiring dismissal of an indictment on motion of the defendant...

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