UNITED STATES v. STEWART

Crim A. No. 6-80912.

426 F.Supp. 58 (1976)

UNITED STATES of America, Plaintiff, v. James Bernard STEWART, Defendant.

United States District Court, E. D. Michigan, S. D.

September 14, 1976.


Attorney(s) appearing for the Case

Christopher A. Andreoff, Asst. U. S. Atty., Detroit, Mich., for plaintiff.

John L. Thompson, Jr., Detroit, Mich., for defendant.


MEMORANDUM OPINION AND ORDER

JOINER, District Judge.

This case is before the court on defendant's motion to dismiss the indictment. The issue raised is whether a two and one half year delay between the date the defendant was identified as an armed bank robber from a spread of photographs and his indictment for armed bank robbery has resulted in a violation of defendant's Fifth Amendment right to due process. For reasons discussed below, the court is of the...

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