The following excerpt is from U.S. v. Didier, 542 F.2d 1182 (2nd Cir. 1976):
Finally, in United States v. Yagid, 528 F.2d 962 (2d Cir. 1976), we upheld the district court's dismissal of an indictment without prejudice because the defendant had not been retried within the 90-day period specified by Rule 6, following our order
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