Page:United States Statutes at Large Volume 76A.djvu/611

–515– -515§ 4014. Remanding cause to magistrate If the offense committed is within the original jurisdiction of a magistrate's court, the cause shall be remanded thereto for proceedings therein as prescribed by law. Subchapter II—Dismissal of Actions § 4051. Dismissal by attorney for Government (a) After a defendant has been held to answer in the district court by a magistrate upon preliminary examination, if it appears from the investigation of the United States attorney vmder section 4012 of this title that a public offense has not been committed or that there is not sufficient cause to believe the defendant guilty, the United States attorney shall, within the 20-day period specified in section 4012 of this title, file with the committing magistrate an order that the defendant be discharged, and the magistrate shall forthwith enter an order discharging the defendant. (b) After the filing of an information, the United States attorney may by leave of court file a dismissal of the information and the prosecution shall thereupon terminate. The dismissal may not be filed during the trial without the consent of the defendant. (c) I n an action triable in a magistrate's court, the United States attorney may file a dismissal of the complaint at any time without leave of court. § 4052. Dismissal by court for want of prosecution; continuance (a) Unless good cause to the contrary is shown, the prosecution shall be dismissed: (1) by a magistrate's court, where a person has been held to answer for a public offense if an information is not filed against him within 20 days thereafter; (2) by the district court, if a defendant, whose trial has not been postponed upon his application, is not brought to trial in the district court within 120 days after the filing of the information; or (3) by a magistrate's court, if a defendant, whose trial has not been postponed upon his application, is not brought to trial in a magistrate's court within 15 days after he is arrested and brought within the jurisdiction of the court. (b) If the defendant is not charged or tried as provided in subsection (a) of this section, and sufficient reason therefor is shown, the court may order the action to be continued from time to time, and in the meantime may discharge the defendant from custody on his own undertaking or bail for his appearance to answer the charge at the time to which the action is continued. § 4053. Discharge of defendant upon dismissal of action If the district court or a magistrate's court directs the action to be dismissed, the defendant shall, if in custody, be discharged therefrom; or if admitted to bail, his bail is exonerated, or the money deposited in lieu of bail shall be refunded to him.

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