The following excerpt is from U.S. v. Pena-Rodriguez, 912 F.2d 471 (9th Cir. 1990):
Finally, Pena-Rodriguez argues that the district court erred in dismissing his initial indictment without prejudice under the Speedy Trial Act, 18 U.S.C. Sec. 3161, et seq. We review the district court's decision to dismiss the indictment without prejudice for an abuse of discretion. United States v. Taylor, 108 S.Ct. 2413, 2419 (1988).
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