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UNITED STATES v. COBB

No. CR-81-68.

535 F.Supp. 112 (1982)

UNITED STATES of America, Plaintiff, v. John Malcolm COBB IV, Defendant.

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

March 11, 1982.

Attorney(s) appearing for the Case

Roger P. Williams, U.S. Atty., Buffalo, N.Y. (J. Glenn Davis, Asst. U.S. Atty., Buffalo, N.Y., of counsel), for plaintiff.

Saperston, Day, Lustig, Gallick, Kirschner & Gaglione, Buffalo, N.Y. (Edward J. Wagner, Buffalo, N.Y., of counsel), for defendant.

CURTIN, Chief Judge.

Defendant stands charged in a one-count indictment with violation of 18 U.S.C. §§ 922(g)(1) and 924(a). At this time, the defendant has moved to dismiss the indictment on the ground that his rights under the Speedy Trial Act, 18 U.S.C. § 3161 et seq. [the Act] have been violated.

The pertinent facts are not disputed, and I will set them forth briefly. Mr. Cobb was arrested at the Peace Bridge on July 2, 1981, while...

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