United States First Circuit

Government's appeal of district court's dismissal with prejudice for violations of the Speedy Trial Act of government's indictment of defendant is granted where: 1) the defendant is charged with serious crimes; 2) the cause of the delay was not due to prosecution action; and 3) the defendant has not shown prejudice to his ability to get a fair trial if re-prosecuted. Judgment of dismissal with prejudice is reversed and the case remanded for entry of judgment of dismissal without prejudice.

Appellate Information

• Decided 02/24/2009
• Published 02/24/2009

Judges

• PER CURIAM., Before LYNCH, Chief Judge, TORRUELLA and BOUDIN, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Randall E. Kromm, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief for appellant.


• For Appellees:
  
• James B. Krasnoo, by appointment of the court, with whom Krasnoo/Klehm LLP was on brief for appellee.