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U.S. v. DAVIS

Criminal No. 10-63-P-H.

721 F.Supp.2d 59 (2010)

UNITED STATES of America v. Marvin DAVIS, Defendant.

United States District Court, D. Maine.

July 2, 2010.

Attorney(s) appearing for the Case

Darcie N. McElwee , Assistant United States Attorney, Office of the United States Attorney, District Of Maine, Portland, ME, for United States of America.

Peter E. Rodway , Rodway & Horodyski, Portland, ME, for Marvin Davis.

ORDER ON MOTION TO DISMISS

D. BROCK HORNBY, District Judge.

To decide this motion to dismiss a superseding indictment, I must interpret the Speedy Trial Act's requirement that a charge be filed within 30 days of an arrest. 18 U.S.C. § 3161(b). I conclude that where a charge is contained in the complaint that furnishes the basis for the arrest and is then omitted from the original timely indictment, it cannot be added later by way of a superseding indictment...

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