Can a motion to dismiss an indictment be dismissed on a motion of dismissal?
MultiRegion, United States of America
The following excerpt is from U.S. v. Duque, 62 F.3d 1146 (9th Cir. 1995):
18 U.S.C. Sec. 3161(d)(1); see also United States v. McCown, 711 F.2d 1441, 1446 (9th Cir.1983) (when indictment is dismissed on defense motion, "any subsequent step toward prosecution causes the time period to begin running anew."). If the indictment is dismissed at the government's behest, on the other hand,
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