The following excerpt is from U.S. v. Simmons, 786 F.2d 479 (2nd Cir. 1986):
Where the crime charged is serious, the sanction of dismissal with prejudice should ordinarily be imposed only for serious delay. See United States v. Hawthorne, 705 F.2d 258, 260 (7th Cir.1983) (per curiam) (delay of nine days not serious), citing United States v. Carreon, 626 F.2d 528, 533 (7th Cir.1980). Although the total period at issue here was almost four months, a significant portion of the delay was excludable under section 3161(h)(1)(F). As appellant recognizes, this case did not involve intentional non-compliance with the Act, nor was it designed to gain a tactical
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