If a defendant is not brought to trial within the time limit required by section 3161(c) of the Criminal Code, can the information or indictment be dismissed?
The following excerpt is from U.S. v. Mladosich-Navejar, 21 F.3d 1118 (9th Cir. 1994):
If a defendant is not brought to trial within the time limit required by section 3161(c) ... the information or indictment shall be dismissed on motion of the defendant.... In determining whether to dismiss the case with or without prejudice, the court shall consider, among others, each of the following factors: the seriousness of the offense; the facts and circumstances of the case which led to the dismissal; and the impact of a reprosecution on the administration of this chapter and on the administration of justice.
Id. We review for abuse of discretion. United States v. Gilbert, 813 F.2d 1523, 1531 (9th Cir.1987).
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