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U.S. v. LAINEZ-LEIVA

No. 96-CR-120 (FJS).

957 F.Supp. 390 (1997)

UNITED STATES of America v. Francisco LAINEZ-LEIVA, Defendant.

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

March 13, 1997.

Attorney(s) appearing for the Case

Thomas J. Maroney, United States Attorney for the Northern District of New York, Syracuse, NY (Kimberly M. Zimmer, Assistant United States Attorney, of counsel), for U.S.

Duker, Barrett, Gravante, & Markel, LLP, Albany, NY (Jeffrey S. Shelly, of counsel), for Defendant.

MEMORANDUM-DECISION AND ORDER

SCULLIN, District Judge:

Introduction

This is a criminal action in which the Defendant is charged with illegal reentry of a deported alien, in violation of 8 U.S.C. § 1326. Presently before the Court is the Defendant's motion to dismiss the indictment with prejudice pursuant to the Speedy Trial Act, 18 U.S.C. §§ 3161(j) & 3162(b), Fed. R.Crim.P. 48(b), the Speedy Trial Clause of the Sixth Amendment...

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