The following excerpt is from U.S. v. Giambrone, 920 F.2d 176 (2nd Cir. 1990):
The Speedy Trial Act does not indicate a preference as between dismissals with and dismissals without prejudice. See generally United States v. Taylor, 487 U.S. at 334-35, 108 S.Ct. at 2418-19. The Act does, however, set out factors to be considered by the court in choosing between the two:
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