Court of Appeals for the Eleventh Circuit November 12, 1985, 84-5895 (United States v. Al Phillips)

VANCE, Circuit Judge.

This is the second appeal by the government in this case following the district court’s dismissal with prejudice of a multi-count indictment against appellee, A1 Phillips. On the prior appeal we concluded that the district court had improperly applied a presumption that dismissals under the Speedy Trial Act should be with prejudice.