The opinion of the court was delivered by: WADDY
Robert Lincoln Peters, defendant in this criminal case, was arrested January 18, 1977 and charged in a criminal complaint with interstate transportation of a forged security, a check, in violation of 18 U.S.C. § 2314. At a preliminary hearing held January 28, 1977 probable cause was shown and that case was held for grand jury action. March 21, 1977 the Government dismissed that criminal complaint.
On March 23, 1977 Peters was charged in this case by a grand jury original indictment with four counts of interstate transportation of altered securities in violation of 18 U.S.C. § 2314 and five counts of uttering and forgery in violation of 22 D.C. Code § 1401. The eighth and ninth counts of this indictment charged violations pertaining to the check which was the subject of the previously dismissed complaint. Defense counsel moved to dismiss the indictment, alleging prejudicial pre-arrest delay and failure to comply with the Speedy Trial Act
and our Local Rule (L.R.) implementing that Act.
Following hearing and argument on that motion, this Court dismissed the eighth and ninth counts of the indictment for failure to indict within the Speedy Trial time limit, took the remainder of defendant's motion under advisement, and ordered additional briefing by counsel with respect to the remaining counts. For reasons to be stated herein, this Court has now concluded that defendant's motion to dismiss the other seven counts of the indictment should be denied.
Local Rule 2-7 4(a), concerning the time within which an indictment must be filed, provides, in pertinent part:
(a) Time Limits. If an individual is arrested or served with a summons and the complaint charges an offense to be prosecuted in this court, any indictment or information subsequently filed in connection with such charge shall be filed within the following time limits:
(2) If the arrest or service occurs on or after July 1, 1976, but before July 1, 1977, within 45 days of arrest or service;
(b) Superseding Charges. If, after a complaint has been filed, an indictment or information is filed which charges the defendant with the same offense or with an offense required to be joined with that offense, the time limit applicable to the subsequent charge will be determined as follows:
(3) If no complaint is filed or if the original complaint was dismissed on motion of the United States Attorney before the filing of the subsequent charge, the indictment or information shall be filed within the original time limit, but the period during which the defendant was not under charges shall be excluded from the computation.
The time from arrest on January 18, 1977 to the indictment filed March 23, 1977 was sixty-four days. Since the defendant was not under charges from March 21 to March 23, 1977, the time between arrest and indictment, for purposes of the Speedy Trial Rule, was sixty-two days. Reading Local Rules 2-7 4(a)(2) and 2-7 4(b)(3) together, the Court concluded that counts eight and nine, which charge the defendant with the same offense as the previously filed and dismissed complaint, should have been brought within forty-five days of the January 18 arrest. No good cause for delay having been ...