What is the legal test for a motion to dismiss an indictment?

"When a defendant has preserved his [Speedy Trial Act] claims by making a timely motion to dismiss the indictment, we review the district court's findings of relevant facts for clear error and its application of the [Speedy Trial Act] to those facts de novo." United States v. Holley, 813 F.3d 117, 121 (2d Cir. 2016).

The Speedy Trial Act provides a sanction for the late filing of an indictment: "[i]f, in the case of any individual against whom a complaint is filed charging such individual with an offense, no indictment or information is filed within the [thirty-day] time limit required by section 3161(b) as extended by section 3161(h) . . . , such charge against that individual contained in such complaint shall be dismissed or otherwise dropped." 18 U.S.C. 3162(a)(1). We have explained, however, that "when a complaint charge and an indictment charge involve overlapping or even identical facts, dismissal is not warranted under 3162(a)(1) if the indictment charge requires proof of elements distinct from or in addition to those necessary to prove the crimes pleaded in the complaint." United States v. Gaskin, 364 F.3d 438, 453 (2d Cir. 2004).