IN THE UNITED STATES DISTRICT COURT
FOR THE_______________ DISTRICT OF TEXAS
_______________  DIVISION

UNITED STATES OF AMERICA,	     §
§
§
v.		                                                     §	No. [NUMBER]
§
[CLIENT]	                                                     §

MOTION TO DISMISS: SPEEDY TRIAL

	COMES NOW the defendant, [CLIENT], by and through [HIS/HER] attorney, on a motion to dismiss the Indictment filed against the above named defendant on [DATE OF INDICTMENT].  Defendant will show the Court that the Speedy Trial Act, 18 U.S.C. § 3161 et seq has been violated in the instant case.
I.
	Defendant has been charged by Indictment filed [DATE OF INDICTMENT], with the offense(s):  ------------------,  in violation of ---- U.S.C. § --------.  See Exhibit A.
II.
	Defendant had [HIS/HER] initial appearance and arraignment on these charges before United States Magistrate ------------------- on [DATE OF ARRAIGNMENT].  See Exhibit B.  
III.
	The pertinent violation occurred as set out in 18 U.S.C. § 3161(c)(1):
"In any case in which a plea of not guilty is entered, the trial of a defendant charged in an information or indictment with the commission of an offense shall commence within seventy days from the filing date (and making public) of the information or indictment, or from the date the defendant has appeared before a judicial officer of the court in which such charge is pending, whichever date last occurs."

	In this case, more than ------------ days have elapsed since the filing of the indictment on [DATE OF INDICTMENT] and the defendant's initial appearance before the United States Magistrate on these charges on --------------------.  
IV.
	The Court is compelled to dismiss the charges against [CLIENT].  18 U.S.C. § 3162(a)(2).  However, the Court has the discretion to dismiss with or without prejudice.  United States v. May, 819 F.2d 533, 531 (5th Cir. 1987).  "In exercising its discretion, the trial court must consider:  (1)  the seriousness of the offense; (2) the facts and circumstances of the case which led  to the dismissal and (3) the impact of a reprosecution on the administration of the Act and on the administration of justice".
	WHEREFORE, [CLIENT] prays unto this Court that the criminal charges against [HIM/HER] be dismissed with prejudice.  If the Court's dismissal is without prejudice, [CLIENT] requests that [HE/SHE] be summoned to appear before the Court rather than arrested.

						Respectfully submitted,

						BY: __________________________
						Name
						State Bar No. [BAR NUMBER]
						Address
						City, State, Zip
						Telephone 
						Attorney for Defendant

CERTIFICATE OF SERVICE			

	I, [AFPD], certify that on the _______ day of ,[MONTH, YEAR] , a copy of the foregoing was hand-delivered to the United States Attorney's office at _______________________________.

						Attorney for Defendant

IN THE UNITED STATES DISTRICT COURT
FOR THE ____________ DISTRICT OF TEXAS
___________________ DIVISION

UNITED STATES OF AMERICA,	     §
§
§
v.		                                                     §	No. [NUMBER]
§
[CLIENT]	                                                     §

O R D E R
	The motion of defendant, [CLIENT], to dismiss the prosecution for a violation of the Speedy Trial Act, 18 U.S.C. § 3161, et seq. is GRANTED.
	Dismissal is with/without prejudice.
	SIGNED this ____ day of                           , 20            .

						                                                                          
						UNITED STATES DISTRICT JUDGE