The following excerpt is from U.S. v. Fox, 788 F.2d 905 (2nd Cir. 1986):
The district court on remand should give reasons for the delay of the trial and state whether that delay makes dismissal with prejudice appropriate in light of "the impact of a reprosecution on the administration of [the Speedy Trial Act] and on the administration of justice," 18 U.S.C. Sec. 3162(a)(2), keeping in mind that dismissal of a criminal indictment is a drastic remedy which should not be lightly considered. See United States v. Brown, 602 F.2d 1073, 1076-77 (2d Cir.1979).
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.