U.S. v. Magana-Olvera, No. 88-3280 (9th Cir.) (917 F.2d 401) (October 23, 1990) (Judge Cynthia Holcomb Hall)
Here the Court held that if the first indictment is dismissed without prejudice on the government's motion, the statutory time limit is merely suspended until a new indictment is returned; the 70-day clock is not reset.
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