Summary
In Nesbitt v. United States, 249 F.2d 17 (6th Cir. 1957) the sixth circuit recognized that rule 48(a) delegates some discretion to the district judge in addition to discretion exercisable for the protection of a defendant.
Summary of this case from United States v. CowanOpinion
No. 13188.
October 21, 1957.
Frank W. Oliver, Chicago, Ill., for appellant.
Fred W. Kaess and Donald F. Welday, Detroit, Mich., for appellee.
Before ALLEN, McALLISTER and STEWART, Circuit Judges.
The 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.
The order is affirmed.