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UNITED STATES v. MacDONALD

Nos. 75-1870, 75-1871.

531 F.2d 196 (1976)

UNITED STATES of America, Appellee, v. Jeffrey R. MacDONALD, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided January 23, 1976.

Attorney(s) appearing for the Case

Bernard L. Segal, San Francisco, Cal. (Orrin Leigh Grover, III, San Francisco, Cal., Michael J. Malley, Washington, D. C., Robert H. Hood, III, Research Triangle Park, N. C., Kenneth A. Letzler, and Jon Van Dyke, San Francisco, Cal., on brief), for appellant.

Brian M. Murtagh, Atty., U. S. Dept. of Justice, Washington, D. C. (Thomas P. McNamara, U. S. Atty., Raleigh, N. C., Victor C. Woerheide, Atty., U. S. Dept. of Justice, Washington, D. C., and James T. Stroud, Jr., Asst. U. S. Atty., Raleigh, N. C., on brief), for appellee.

Before CRAVEN, BUTZNER and RUSSELL, Circuit Judges.

BUTZNER, Circuit Judge:

Jeffrey Robert MacDonald appeals from the denial of several motions relating to his prosecution for the 1970 deaths of his wife and two daughters.1 We conclude that the delay of four and one-half years, dating from the Army's accusation and detention of MacDonald in May 1970 to his indictment in January 1975, even when allowances are made for several intervals, violates...

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