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UNITED STATES v. PIERCE

No. 73-1583.

498 F.2d 712 (1974)

UNITED STATES of America v. Marquette PIERCE, Appellant.

United States Court of Appeals District of Columbia Circuit.

May 14, 1974.

Attorney(s) appearing for the Case

Theodore J. Christensen, Washington, D. C. (appointed by this court) was on the brief for appellant.

Harold H. Titus, Jr., U. S. Atty. at the time the brief was filed, and John A. Terry, John O'B. Clarke, Jr., and Steven R. Schaars, Asst. U. S. Attys, were on the brief for appellee.

Before McGOWAN and TAMM, Circuit Judges, and EDWARDS, Circuit Judge for the Sixth Circuit.

PER CURIAM:

Appellant was convicted by the District Court, on stipulated facts and without a jury, of distributing, and of possessing with intent to distribute, heroin in violation of 21 U.S.C. § 841(a). Prior to trial, the court denied a motion to dismiss the indictment on the ground of excessive delay, assertedly amounting to a denial of due process, in proceeding against appellant after the commission of the offense. See Ross v. United States, 121 U...

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