United States v. Myer, No. 10-4314 (6th Cir. 2012)
Annotate this CaseThe police arrested defendant on February 4, 2009, on charges involving heroin distribution. He appeared before a magistrate the same day and was released on bond. A grand jury returned an indictment on June 17. Defendant was returned to custody and arraignment took place on September 22. The district court dismissed without prejudice, under the Speedy Trial Act, finding that more than 30 non-excludable days elapsed between initial arrest and indictment and that more than 70 non-excludable days elapsed between arraignment and the start of trial (18 U.S.C. 3161(b), (c)(1)). Three months later, the grand jury returned a new indictment charging the same crimes. The court dismissed. The Sixth Circuit reversed, reasoning that defendant's reading of the Act would render all Speedy Trial dismissals "with prejudice." The Act permits a court to dismiss without prejudice and to start the clock anew when the defendant files the motion to dismiss. When the government asks the court to dismiss, the 70-day clock is tolled, not reset. The government delayed indicting defendant for the legitimate purpose of giving him the chance to cooperate and exceeded the 70-day speedy-trial clock by just nine days, so dismissal without prejudice was appropriate.
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