contends that Counts 4 and 5 should be dismissed as untimely under 18 U.S.C. § 3161(b). The Speedy Trial Act does not expressly address cases in which the government files a superseding indictment with additional charges more than thirty days after arrest, and the matter is one of first impression in this circuit. Under 18 U.S.C. § 3161(b), “[a]ny ... indictment charging an individual with the commission of an offense shall be filed within thirt r.1982) (“in the absence of bad faith on the part of the government or prejudice to the defendant, an indictment returned by a grand jury whose term has expired is sufficient to toll Speedy Trial Act § 3161(b), if it is followed by a valid indictment, identical in all material respects”). Several circuits have also held that sup (9th Cir.1983) (<HOLDING>). While Hemmings seeks relief under 18 U.S.C. §
holding that when first indictment was filed within the thirtyday period there is no speedy trial act violation when a subsequent indictment repeating one charge from the initial indictment and adding other counts is filed outside the thirtyday window holding that when initial indictment was filed within the thirtyday period a superseding indictment filed outside the thirtyday window which did not change the original charges did not violate the speedy trial act holding that a subsequent indictment does not restart the thirtyday speedy trial clock but rather tolled it when the original indictment was dismissed the thirtyday period again continued to run it did not begin anew the second indictment was then filed before the thirtyday period expired therefore the filing of the second indictment even though filed after thirty days following defendants arrest did not violate his rights under the speedy trial act holding initial indictment which was subsequently found to be invalid tolled the thirtyday period and superseding indictment alleging different charges based on same fraudulent acts as earlier indictment was therefore timely holding that an indictment gave sufficient notice when the indictment charged the elements of the offense