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U.S. v. SCOTT

Crim. No. K-90-0161.

743 F.Supp. 400 (1990)

UNITED STATES of America v. Alvin Sylvester SCOTT.

United States District Court, D. Maryland.

July 11, 1990.

Attorney(s) appearing for the Case

Breckinridge L. Willcox, U.S. Atty., and Jamie M. Bennett, Asst. U.S. Atty., Baltimore, Md., for U.S.

Fred Warren Bennett, Federal Public Defender, and Mary French, Asst. Federal Public Defender, Baltimore, Md., for defendant.

FRANK A. KAUFMAN, Senior District Judge.

Defendant Scott has moved to dismiss with prejudice the indictment pending against him as a result of the government's failure to comply with the requirements of the Speedy Trial Act of 1974, 18 U.S.C. §§ 3161-62. The government agrees that the indictment should be dismissed but contends such dismissal should be without prejudice. For the reasons which follow, defendant's motion to dismiss, with prejudice...

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