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U.S. v. STEWART

No. 12-1427.

729 F.3d 517 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Theodore Cooper STEWART, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 3, 2013.

Rehearing Denied September 19, 2013.

Attorney(s) appearing for the Case

ARGUED: Richard D. Korn , Detroit, Michigan, for Appellant. Kathleen Moro Nesi , United States Attorney's Office, Detroit, Michigan, for Appellee. ON BRIEF: Richard D. Korn , Detroit, Michigan, for Appellant. Kathleen Moro Nesi , United States Attorney's Office, Detroit, Michigan, for Appellee.

Before: GILMAN, GRIFFIN, and WHITE, Circuit Judges.

OPINION

GRIFFIN, Circuit Judge.

Defendant Theodore Stewart appeals his convictions by a jury of two counts of transporting child pornography in violation of 18 U.S.C. § 2252A(a)(1). Stewart argues that he should not have been indicted in this case because the district court erred in dismissing a previously filed indictment without prejudice, rather than with prejudice, upon finding a Speedy Trial Act violation in that earlier case; the district court...

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