U.S. v. Lloyd

Dist. Ct. did not err in finding that defendant was entitled to dismissal under Speedy Trial Act of his credit union robbery charge, where government conceded that over 70 non-excludable days had elapsed from date of defendant‘s arraignment. Moreover, Dist. Ct. did not abuse its discretion in making said dismissal without prejudice to government filing new charge under circumstance where major source of delay came from transporting defendant to his mental competency evaluation. Dist. Ct. properly found that two of three factors used to determine whether dismissal should be with or without prejudice, i,e. seriousness of offense and facts and circumstances which led to dismissal, favored dismissal without prejudice, where: (1) defendant’s robbery charge was serious offense; and (2) instant cumulative delay was only 106 days, defendant raised only belated objection to how his transport was to occur, and instant transportation delay was inadvertent. Also, while third factor, i.e., impact of re-prosecution on administration of Act and on administration of justice, may have favored dismissal with prejudice to extent government had not addressed similar delays in transporting other inmates to their evaluations, Dist. Ct. could properly find that third-factor did not outweigh other two factors supporting finding of dismissal without prejudice.