U.S. v. LEWIS

No. 05-10692.

518 F.3d 1171 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Beau Lee LEWIS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 13, 2008.


Attorney(s) appearing for the Case

Dean D. Paik, San Francisco, CA, for the defendant-appellant.

Matthew J. McKeown, Assistant Attorney General, John Smeltzer, Attorney, U.S. Department of Justice, Robert Anderson, Attorney, U.S. Department of Justice and Todd Aagaard, Attorney, U.S. Department of Justice, Washington, D.C., for the plaintiff-appellee.

Before: DIARMUID F. O'SCANNLAIN, MICHAEL DALY HAWKINS, and KIM McLANE WARDLAW, Circuit Judges.


Opinion by Judge WARDLAW; Dissent by Judge O'SCANNLAIN.

WARDLAW, Circuit Judge:

Beau Lee Lewis appeals the district court's decision to dismiss without prejudice his indictment for violation of the Speedy Trial Act ("STA"), 18 U.S.C. § 3162(a)(2). On Lewis's prior appeal, we found that one discrete period of pretrial delay had violated the STA, did not reach the other asserted STA violations, and remanded for a determination of whether the dismissal of...

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