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United States of America v. Howard Kelly

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Before Lynch, Chief Judge, Boudin and Howard, Circuit Judges.

This case involves assessment of whether an appearance compelled by a writ of habeas corpus ad prosequendum by one federal district court to the custodian of an individual detained in another federal district on the basis of unrelated pending charges triggers the Speedy Trial Act’s (STA) 30-day arrest to indictment clock with respect to the charges in the jurisdiction that issued the writ. This appears to be a question of first impression. We hold that the STA was not triggered and affirm the decision of the district court denying the motion to dismiss the indictment for violation of the STA.

I.

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