United States Fifth Circuit

Where conduct charged in two indictments did not amount to the same offense, the time to file an indictment after a charge is not tolled under the Speedy Trial Act, thus a conviction for attempted illegal reentry is dismissed; remanded on issue whether dismissal should be with or without prejudice.

Appellate Information

• Decided 07/17/2002
• Published 07/17/2002

Judges

• JERRY E. SMITH, Circuit Judge:, Before SMITH, BENAVIDES and PARKER, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• James Lee Turner, Asst. U.S. Atty., Houston, TX, Tony Ray Roberts, McAllen, TX, for Plaintiff-Appellant.


• For Appellees:
  
• Roland E. Dahlin, II, Fed. Pub. Def., George W. Aristotelidis, Laura Fletcher Leavitt, Asst. Fed. Pub. Def., Houston, TX, for Defendant-Appellant.