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U.S. v. PEREZ-CESTERO

No. 78 Cr. 0640 (KTD).

737 F.Supp. 752 (1990)

UNITED STATES of America v. Julio PEREZ-CESTERO, Defendant.

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

February 23, 1990.

Attorney(s) appearing for the Case

Otto G. Obermaier, U.S. Atty., S.D.N.Y., New York City, for the U.S.; David Raymond Lewis, Asst. U.S. Atty., of counsel.

Robert M. Baum, The Legal Aid Soc., Federal Defender Services Unit, New York City, for defendant; Paul Davison, of counsel.

KEVIN THOMAS DUFFY, District Judge:

Defendant Julio Perez-Cestero moves pursuant to Fed.R.Crim.P. 12 and 48(b) to dismiss the indictment on ground that further prosecution would violate Perez-Cestero's speedy trial rights under the Sixth Amendment, or, in the alternative, granting a hearing on the motion.

FACTS

Except where noted, the uncontested facts are as follows.1

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