IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

UNITED STATES OF AMERICA :

: Mag. No. xx-261M v. :

:

:

xxxxxxx xxxxxxxxxxx, :

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:

Defendant. :

MOTION TO DISMISS

xxxxxxxx xxxxxx, through counsel, respectfully moves the court to dismiss the complaint in the above-entitled case. As grounds for his Motion, defendant shows the court:

1. Mr. xxxxxxx was arrested on April 16, 1996. At presentment on April 17, 1996, he was held without bond pending a preliminary/detention hearing. At the hearing on April 22, 1996, he was ordered held without bond.

2. Pursuant to 18 U.S.C. § 3161(b), the indictment must be filed in this case within 30 days of Mr. xxxxx arrest. The time for filing the indictment expired on May 17, 1996. Since the indictment was not filed within the limits of the Speedy Trial Act, 18 U.S.C. § 3161(b) requires that the complaint be dismissed and that Mr. xxxxxxx be released from custody.

For these reasons, it is respectfully requested that this Motion be granted.

Respectfully submitted,

A.J. KRAMER

FEDERAL PUBLIC DEFENDER

______________________________

Reita Pendry

Assistant Federal Defender

625 Indiana Avenue, N.W. #550

Washington, D. C. 20004

(202)208-7500