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U.S. v. Reyes, No. 95-20281 (5th Cir.) (102 F.3d 1361) (December 19, 1996) (Judge Fortunato P. Benavides)

The Court noted that the "primary purpose of [Rule 48(a)] is to prevent harassement of a defendant by charging, dismissing, and recharging withou placing a defendant in jeopardy." (Id., at 1367). It also agreed that a request for a Rule 48(a) dismissal is improper if motivated by bad faith. However, ...

 

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