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UNITED STATES v. BILSKY

Nos. 81-5148, 81-5149.

664 F.2d 613 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Sidney Marvin BILSKY, Robert Clyde Lovell, Joyce Elaine Lovell, Defendants-Appellants. Sidney Marvin BILSKY, Robert Clyde Lovell and Joyce Elaine Lovell, Petitioners, v. UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TENNESSEE AT MEMPHIS, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided November 24, 1981.

Attorney(s) appearing for the Case

A. G. Burkhart, Jr., Kemper Durand, Rosenfield, Borod & Kremer, Memphis, Tenn., for defendants-appellants.

W. Hickman Ewing Jr., U. S. Atty., Devon Gosnell, Asst. U. S. Atty., Memphis, Tenn., for plaintiff-appellee.

Before EDWARDS, Chief Judge, ENGEL, Circuit Judge, and CELEBREZZE, Senior Circuit Judge.

CELEBREZZE, Senior Circuit Judge.

The principal issue in this case is whether the district court's denial of a motion to dismiss the indictment for violation of the Speedy Trial Act is appealable prior to trial. We conclude that such a denial fails to fall within the "collateral order" exception pronounced in Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949), and is, therefore, not an...

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