United States First Circuit

District court's order granting defendant's motion for release on account of 18 U.S.C. section 3164 of the Speedy Trial Act, is reversed where when an indictment is dismissed upon the motion of a defendant, the dismissal is without prejudice, that defendant is again detained awaiting trial, and section 3164's 90-day clock restarts at the moment that the defendant is re-arrested, regardless of the nature of the charges in the new complaint.

Appellate Information

• Decided 11/14/2012
• Published 11/14/2012

Judges

Court

• United States First Circuit

Counsel