The court of appeals vacated a judgment of the district court and remanded. The court held that a mandatory dismissal for a two-day violation of the Speedy Trial Act where an information and indictment charging the identical offense were filed sequentially was required but had to be without prejudice.
Francisco Alvarez-Perez was arrested on May 12, 2007. Three days later, he was charged in a complaint with being a deported alien found in the United States, a violation of 8 U.S.C. §1326. The parties began discussing a disposition, apparently intending to proceed under the district court’s fast-track procedure.
