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UNITED STATES v. IAQUINTA

Crim. Nos. 80-00053-E-01, 80-00053-E-02 and 81-00011-E.

515 F.Supp. 708 (1981)

UNITED STATES of America, Plaintiff, v. Sam T. IAQUINTA, Velma E. Shine, Defendants. UNITED STATES of America, Plaintiff, v. Sam Thomas IAQUINTA, Jr., Defendant.

United States District Court, N. D. West Virginia, Elkins Division.

June 9, 1981.

Attorney(s) appearing for the Case

Stephen G. Jory, U. S. Atty., Elkins, W. Va., for plaintiff.

James A. Esposito, Fairmont, W. Va., and Franklin D. Cleckley, Morgantown, W. Va., for defendants.

ORDER

MAXWELL, Chief Judge.

Defendants were jointly indicted on December 10, 1980, for alleged violations of the federal drug laws. On April 10, 1981, defendant Sam Iaquinta, Jr. alone was indicted for illegal possession of a firearm.

Defendants entered pleas of not guilty and have moved to dismiss the indictments as being untimely in violation of section 3161(b) of the Speedy Trial Act (18 U.S.C. § 3161 et seq.). Evidence was presented in support...

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