UNITED STATES v. JUAREZ

No. 76-1552.

561 F.2d 65 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Raul JUAREZ, Jr., Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 15, 1977.


Attorney(s) appearing for the Case

Martin H. Kinney, Merrillville, Ind., for defendant-appellant.

Richard L. Kieser, U.S. Atty., Fort Wayne, Ind., Fred W. Grady, Asst. U.S. Atty., Hammond, Ind., for plaintiff-appellee.

Before CUMMINGS, PELL and TONE, Circuit Judges.


PELL, Circuit Judge.

A single count indictment dated January 21, 1976, charged Juarez with distributing heroin on May 9, 1974, in violation of 21 U.S.C. § 841(a)(1). A jury convicted. Asserting that substantial pre-indictment delay abridged his Sixth Amendment right to a speedy trial and cognate rights under Rule 48(b), Fed.R.Crim.P., and that the admission into evidence of testimony about a March 11, 1974, heroin sale by Juarez was improper and prejudicial,...

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