What is the test for dismissing an indictment for failure to comply with the Speedy Trial Act?
MultiRegion, United States of America
The following excerpt is from U.S. v. Gomez, 996 F.2d 1228 (9th Cir. 1993):
"In ruling on a motion to dismiss an indictment for failure to comply with the Speedy Trial Act, a court need only consider alleged delay which occurs prior to and including the date on which the motion is made." Id. "The right to challenge any subsequent delay is waived absent the bringing of a new motion to dismiss." Id. (citing United States v. Berberian, 851 F.2d 236, 239-40 (9th Cir.1988)).
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