The following excerpt is from U.S. v. White, 895 F.2d 1419 (9th Cir. 1990):
We reversed the order dismissing the original indictment without prejudice. United States v. White, 864 F.2d 660, 661 (9th Cir.1988). We remanded with directions that the district court make specific findings in support of its decision to dismiss the indictment without prejudice. Id. We did not dispose of the remaining issues presented in the appeal from the judgment of conviction. Upon remand, the district court, in a three-page order, made express findings and concluded that "the facts and circumstances are such that a dismissal with prejudice would have an adverse impact on the administration of justice by rewarding defendant for delays caused by the actions of defense counsel."
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