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UNITED STATES v. HERNANDEZ

No. (S) 77 Crim. 767 (PNL).

446 F.Supp. 95 (1978)

UNITED STATES of America, Plaintiff, v. Luis HERNANDEZ, a/k/a "Albertito", Defendant.

United States District Court, S. D. New York.

February 15, 1978.

Attorney(s) appearing for the Case

David Zapp, New York City, for defendant.

Robert B. Fiske, Jr., U. S. Atty. by James A. Moss, Asst. U. S. Atty., New York City, for plaintiff.

MEMORANDUM OPINION

LEVAL, District Judge.

Luis Hernandez, a defendant in this criminal proceeding, moves for mandatory immediate release from custody under the provisions of the Speedy Trial Act, 18 U.S.C. § 3161 et seq., alleging that last Sunday, February 12, 1978, was his 90th day "in detention solely because [he is] awaiting trial", and that "through no fault of his own, his trial has not commenced." 18 U.S.C. § 3164.

The motion...

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