UNITED STATES v. STANLEY

Nos. 23665, 24375.

422 F.2d 826 (1969)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph STANLEY, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Edward WARD, Defendant-Appellant.

United States Court of Appeals Ninth Circuit.

December 22, 1969.


Attorney(s) appearing for the Case

Joe Ingber (argued), Los Angeles, Cal., for appellant, Stanley.

William C. Miller (argued), Los Angeles, Cal., for appellant, Ward.

John S. Lane (argued), Robert L. Brosio, Asst. U. S. Atty., Wm. Matthew Byrne, Jr., U. S. Atty., Los Angeles, Cal., for appellee.

Before BARNES and HUFSTEDLER, Circuit Judges, and PENCE, District Judge.


PER CURIAM.

These two appeals, involving one narcotic indictment and two convictions, were consolidated for hearing. They each raise the principal issue of whether a purposeful delay of approximately seven months by the prosecution between the date of the commission of the offense and the date of arrest of the defendants constitutes a denial of constitutional due process.

We have held consistently it does not, and particularly, that it cannot when the delay...

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