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U.S. v. GUTIERREZ

Criminal No. L-96-13.

934 F.Supp. 836 (1996)

UNITED STATES of America v. Ruben Oscar GUTIERREZ, Robert L. Griffin, Wayne Melcher, Perry McCann.

United States District Court, S.D. Texas, Laredo Division.

June 25, 1996.

Attorney(s) appearing for the Case

Eustorgio Perez, Vela Perez & Pena, Laredo, TX, for Ruben Oscar Gutierrez.

Lazaro Garza-Gongora, Jr., Garza-Gongora & Gutierrez, Laredo, TX, for Robert L. Griffin.

Eduardo Jaime, Laredo, TX, for Perry McCann.

MEMORANDUM AND ORDER

KAZEN, District Judge.

Pending before the Court are motions to dismiss the indictment by defendants Griffin, Melcher, and McCann ("defendants"), on the following grounds: statute of limitations (18 U.S.C. § 3282), due process/pre-indictment delay, the Speedy Trial Act (18 U.S.C. 1361), the Sixth Amendment right to a speedy trial, and want of prosecution (FED.R.CRIM.P. 48(b))1. The government responded...

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