Memorandum Opinion

Pending before the court was defendant’s motion to dismiss the indictment with prejudice for violation of the Speedy Trial Act.  (ECF No. 37).  The government filed a response in opposition to defendant’s motion, see ECF No. 38, and a pretrial motions hearing was held in this matter on March 26, 2019.  At the conclusion of the hearing, the court GRANTED defendant’s motion insofar as it sought dismissal of the indictment but DENIED the motion to dismiss with prejudice.  Instead, the court dismissed the indictment without prejudice.  The reasons for that decision follow.