Court of Appeals for the Second Circuit April 7, 1975, 467, Docket 74-2266 (United States v. Andrew Furey)

MANSFIELD, Circuit Judge:

The single issue raised by this appeal is the validity of the dismissal-with-prejudice sanction of Rule 4 of the Eastern

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District Plan for the Prompt Disposition of Criminal Cases (the “Plan”).

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The government challenges (1) the power of the Judicial Branch to promulgate a rule requiring such a sanction, and (2) the validity of Rule 50(b), F.R.Cr.P.