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U.S. v. COLEMAN

No. 00-M-232 (DRH).

170 F.Supp.2d 321 (2001)

UNITED STATES of America v. Isa COLEMAN, aka "C," Defendant.

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

November 2, 2001.

Attorney(s) appearing for the Case

Joseph A. Pavone, United States Attorney for the Northern District of New York, Albany, NY, Carlos A. Moreno, Esq., Assistant United States Attorney.

Alex Bunin, Federal Defender for the Northern District of New York, Attorney for Defendant, Albany, NY, Gene V. Primomo, Esq., Assistant Federal Defender, of Counsel.

MEMORANDUM-DECISION AND ORDER

HOMER, United States Magistrate Judge.

Presently pending is the motion of defendant Isa Coleman ("Coleman") to dismiss the complaint herein with prejudice on the ground that the United States failed to file an indictment within thirty days of his arrest as required by 18 U.S.C. §§ 3161(b) and 3162(a)(1). Docket No. 24. The United States agrees that the complaint should be dismissed but contends that the dismissal should...

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