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U.S. v. WINBUSH

No. 2004-M-0486RBC-01.

349 F.Supp.2d 126 (2004)

UNITED STATES of America, v. Shawn WINBUSH.

United States District Court, D. Massachusetts.

December 6, 2004.

Attorney(s) appearing for the Case

Victoria M. Bonilla-Argudo, Bourbeau and Bonilla, Boston, MA, for Shawn Winbush, Defendant.

Nancy Rue, United States Attorney's Office, Boston, MA, for USA, Plaintiff.

ORDER ON MOTION TO DISMISS (# 9)

COLLINGS, United States Magistrate Judge.

Shawn Winbush ("the defendant") has moved to dismiss the Complaint for failure of the Government to comply with 18 U.S.C. § 3161(b) which requires an indictment or information to be filed within thirty days of the defendant's arrest. The defendant was arrested on October 7, 2004. Today being December 2, 2004, obviously, more than thirty days have elapsed since October...

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