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U.S. v. MYERS

No. 10-4314.

666 F.3d 402 (2012)

UNITED STATES of America, Plaintiff-Appellant, v. Reginald S. MYERS, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 11, 2012.

Attorney(s) appearing for the Case

ARGUED: Benjamin C. Glassman, Assistant United States Attorney, Cincinnati, Ohio, for Appellant. Kevin M. Schad, Federal Public Defender's Office, Cincinnati, Ohio, for Appellee. ON BRIEF: Benjamin C. Glassman, Assistant United States Attorney, Cincinnati, Ohio, for Appellant. Kevin M. Schad, Federal Public Defender's Office, Cincinnati, Ohio, for Appellee.

Before: BOGGS, COLE and SUTTON, Circuit Judges.

OPINION

SUTTON, Circuit Judge.

The government did not prosecute Reginald Myers' first indictment for joining a heroin-distribution ring as quickly as the Speedy Trial Act requires. On Myers' motion, the district court dismissed the charges without prejudice. When the government filed the same charges in a new indictment, the district court dismissed them too, reasoning that the speedy-trial clocks for the new charges ran from the dates of Myers' original...

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