Can a criminal charge of negligent non-compliance with section 3161(b) of the Criminal Code be dismissed without prejudice?

Appellant urges us to order dismissal of the indictment with prejudice. He relies principally on United States v. Caparella, 716 F.2d 976 (2d Cir.1983), which involved a mail theft. On appeal, this court reversed the district court's adoption of a magistrate's findings requiring dismissal without prejudice for negligent non-compliance with section 3161(b). Simmons claims that the offense to which he pled guilty should not be considered serious because only a small amount of narcotics was involved. While admitting that the facts and circumstances leading to dismissal do not show any intentional or flagrant violation of the Act, Simmons claims that the administration of justice and the administration of the Act weigh against his reprosecution.