Transfer of a case from the Court of Appeals for the District of Columbia Circuit to this Court under the certification provisions of the Criminal Appeals Act is improper where the appeal from the District Court to the Court of Appeals was pursuant to D.C. Code 23-105, which does not provide for transfer to this Court. Moreover, the Court of Appeals has not determined that it lacked jurisdiction to hear the appeal under 23-105, which is not affected by the Criminal Appeals Act.

Case returned to Court of Appeals for further proceedings.

PER CURIAM.

On September 30, 1968, the District Court for the District of Columbia dismissed, "with prejudice," an indictment charging appellee Sweet with various crimes under the D.C. Code, on a finding that the Government had not acted promptly enough in bringing the case to trial. The United States appealed this dismissal pursuant to D.C. Code 23-105* to the Court of Appeals for the District of Columbia Circuit. That court, without making any determination of its jurisdiction under 23-105, certified the case to this Court pursuant to 18 U.S