UNITED STATES v. DIDIER

No. 204, Docket 76-1331.

542 F.2d 1182 (1976)

UNITED STATES of America, Appellee, v. URBAN J. DIDIER, a/k/a "Harp," Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided October 13, 1976.


Attorney(s) appearing for the Case

Julia P. Heit, Atty., New York City (Edward Masry, Los Angeles, Cal., of counsel), for defendant-appellant.

John P. Cooney, Jr., Asst. U.S. Atty., New York City (Robert B. Fiske, Jr., U.S. Atty., S.D.N.Y., Frederick T. Davis, Asst. U.S. Atty., New York City, of counsel), for appellee.

Before ANDERSON, MANSFIELD and MULLIGAN, Circuit Judges.


MANSFIELD, Circuit Judge.

This case presents a good example of the kind of excessive delay that led Congress to pass the Speedy Trial Act. 18 U.S.C. §§ 3161-3174. Appellant's first trial on charges of conspiracy and transportation of stolen securities in foreign commerce ended on December 3, 1973, with the declaration of a mistrial. His retrial, which resulted in conviction, did not take place until 28 months later, over three years after the

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