The following excerpt is from U.S. v. Tunnessen, 763 F.2d 74 (2nd Cir. 1985):
The government acknowledges that defendants had no obligation to take affirmative steps to insure that they would be tried in a timely manner, United States v. Bufalino, 683 F.2d 639, 646 (2d Cir.1982), cert. denied, 459 U.S. 1104, 103 S.Ct. 727, 74 L.Ed.2d 952 (1983). Its brief nonetheless contends that "the defense [should not] be allowed to indicate to the Government and the court that additional time is needed for preparation and, after such time is given, be allowed to claim his rights have been violated under the Speedy Trial Act." To the extent that this statement represents a charge concerning the defense tactics in this case, rather than merely a general proposition, it was effectively withdrawn at oral argument. In any event, the record contains no evidence indicating that defendants employed tactics calculated to "ensnare" the district court into allowing the seventy-day clock to run. See id. at 646. Accordingly, the indictment must be dismissed.
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