What is the effect of the Court of Appeal's finding that a motion to dismiss the indictment was dismissed during the pendency of the appeal on the suppression issue?

During the pendency of the appeal on the suppression issue, the defendants moved for dismissal of the indictment. The government resisted and relied upon 18 U.S.C. 3731 which provides, in part: "Pending the prosecution and determination of the appeal in the foregoing instances, the defendant shall be released in accordance with chapter 207 general release provisions of this title." The trial judge, nevertheless, granted dismissal, concerned as he was with the aspects of the guarantee of speedy trial within the sixth amendment. We are mindful of United States v. Mitchell, 425 F.2d 1353 (8th Cir. 1970), cert. denied, 400 U.S. 853, 91 S. Ct. 85, 27 L.Ed.2d 90 (1970), but, given the circumstances of this case, we do not feel the district court erred.

The orders of the district court are, therefore, affirmed.