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U.S. v. OLIVER

No. CR 87-00770.

683 F.Supp. 35 (1988)

UNITED STATES of America, Plaintiff, v. William OLIVER, Carl Moore and James Scibelli, Defendants.

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

April 5, 1988.

Attorney(s) appearing for the Case

Andrew J. Maloney, U.S. Atty. by Dennis Milton, Asst. U.S. Atty., Brooklyn, N.Y., for plaintiff.

Martin M. Massel, Jr., Mineola, N.Y., for defendant Oliver.

Stephen P. Scaring, Mineola, N.Y., for defendant Scibelli.

Edward P. Jenks, Mineola, N.Y., for defendant Moore.

MEMORANDUM AND ORDER

WEXLER, District Judge.

Defendants, recently indicted on charges stemming from their arrest pursuant to a criminal complaint filed in December of 1982, move to dismiss the pending indictment. Defendants' arguments are predicated on an alleged violation of the Speedy Trial Act, 18 U.S.C. § 3161(b) and the Due Process Clause of the Fifth Amendment to the United States Constitution. Notwithstanding the questionable conduct of the original...

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