UNITED STATES v. CLAY

No. 72-1654.

481 F.2d 133 (1973)

UNITED STATES of America, Plaintiff-Appellant, v. Willie Eugene CLAY, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided June 18, 1973.

Rehearing Denied July 19, 1973.


Attorney(s) appearing for the Case

James R. Thompson, U. S. Atty., William T. Huyck, Gordon B. Nash, Jr., Asst. U. S. Attys., Chicago, Ill., for plaintiff-appellant.

Paul E. Freehling, Chicago, Ill., for defendant-appellee.

Before KILEY, PELL and STEVENS, Circuit Judges.


Rehearing En Banc Denied July 19, 1973.

STEVENS, Circuit Judge.

The district court found that a delay of about eight months between arrest and indictment was not prejudicial to the defendant, but because the delay was unnecessary, he dismissed the indictment. The government appeals. We hold (1) that the order is appealable, and (2) that the district court erred.

Defendant was accused of making sales of heroin on June 9 and June 17, 1971, in violation...

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