Tenth Circuit -- United States v. Smith

Dismissal without prejudice of mistried counts upheld, despite Speedy Trial Act -- Deft argued that 5A rights as to sentencing factors on the un-mistried counts were imperiled, but this comes from the retrial itself, not the violation of the Speedy Trial Act.

No error in including transactions not in the indictment in the Fraud sentencing.

United States v. Smith