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· 12/4/1990

United States v. Louis Giambrone

Citations

  • 920 F.2d 176
  • 1990 U.S. App. LEXIS 21013
  • 1990 WL 191734

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that “the court may properly take into account a demonstrably lackadaisical attitude on the part of the government attorney in charge of the case”
  • approving dismissal with prejudice in part based on pattern of delay in local United States Attorney’s office
  • granting dismissal with prejudice in light of government’s “extremely lax” attitude in case toward requirements of the Act
  • finding that the district court’s decision to dismiss with prejudice was not an abuse of discretion because even though the crime was serious and hence “did not suggest a dismissal with prejudice,” the judge found “that the other two factors outweighed this one and demanded dismissal.”
  • finding that the district court’s decision to dismiss with prejudice was not an abuse of discretion because even though the crime was serious and hence “did not suggest a dismissal with prejudice”, the judge found “that the other two factors outweighed this one and demanded dismissal.”
  • dismissing with prejudice after noting a “cavalier attitude toward speedy trial rights” in the United States Attorney’s Office in the Western District of New York and a “strong suggestion of a pattern of neglect.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Kaufman, Kearse, McLAUGHLIN

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.