Nesbitt v. United States

Sixth Circuit Court of Appeals

Decided Oct. 21, 1957.

Sixth Circuit Court of Appeals · decided 1957-10-21

Cited by 5 later decisions — most recently December 1975

4 federal appellate ·

2 counsel of record

Relies on United States v. Doe

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1957-10-21

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¶1Frank W. Oliver, Chicago, Ill., for appellant.

¶2Fred W. Kaess and Donald F. Welday, Detroit, Mich., for appellee.

¶3Before ALLEN, McALLISTER and STEWART, Circuit Judges.

¶4PER CURIAM.

¶5The appellant was charged in an information with violations of the narcotic laws. He appeals from an order of the district court permitting dismissal of the information prior to trial upon motion of the government. In the circumstances disclosed by the record, we find that the action of the district court was an entirely proper exercise of the discretion implicitly delegated by Rule 48 of the Federal Rules of Criminal Procedure, 18 U.S.C.A. Cf. United States v. Doe, D.C.D.Conn.1951, 101 F.Supp. 609.

¶6The order is affirmed.