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UNITED STATES v. MAYS

Nos. 75-3083, 75-3084.

549 F.2d 670 (1977)

UNITED STATES of America, Plaintiff-Appellant, v. Cecil R. MAYS, Robert Jack Coltrane, Buddy Herman Mathis, Defendants-Appellees. UNITED STATES of America, Plaintiff-Appellant, v. Robert Jack COLTRANE, Cecil R. Mays, J. Robert West, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

March 3, 1977.

Attorney(s) appearing for the Case

Stephen V. Wilson, Asst. U. S. Atty., Los Angeles, Cal., for the Government.

Stephen D. Miller, Beverly Hills, Cal., for Mays.

Before BARNES, ELY and WRIGHT, Circuit Judges.

OPINION

BARNES, Senior Circuit Judge:

This appeal is from the dismissal before trial of certain counts in two federal indictments. The trial court ruled that the dismissal was constitutionally required by reason of alleged prejudice to the defendants due to pre-indictment delay of four and one half years between the completion of the acts charged and the return of the indictments by a Federal Grand Jury. The government pursuant to 18 U.S.C. § 3731 appeals...

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