United States v. Charmaine White

White appeals from her conviction after a bench trial for bank embezzlement in violation of 18 U.S.C. § 656 . White contends that the district court abused its discretion by dismissing an earlier indictment without prejudice under the Speedy Trial Act. We have jurisdiction under 28 U.S.C. § 1291 , and we reverse and remand.

BACKGROUND

Between January and May of 1985, Charmaine White, an employee of Wells Fargo Bank, made unauthorized credit card transactions causing the bank to lose about $18,-000. White later signed a statement admitting the unauthorized transactions, explaining that she was motivated by a “financial bind,” and declaring that she knew that “this was wrong.”

White was indicted on October 16, 1985 for bank embezzlement in violation of 18 U.S.C. § 656 . On February 11, 1986, the district court granted White’s motion for dismissal pursuant to the Speedy Trial Act, 18 U.S.C. § 3162 because more than 70 days had elapsed from the time of White’s arraignment without a trial. The district court ordered dismissal without prejudice.

On March 12, 1986, the government filed a superseding indictment. White waived a jury trial and the parties submitted the matter to the…