UNITED STATES v. REVADA

No. 77-1834.

574 F.2d 1047 (1978)

UNITED STATES of America, Plaintiff-Appellant, v. Dennis H. REVADA, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided April 27, 1978.


Attorney(s) appearing for the Case

Brent D. Ward, Asst. U. S. Atty., Salt Lake City, Utah (Ramon M. Child, U. S. Atty., and Steven W. Snarr, Asst. U. S. Atty., Salt Lake City, Utah, on brief), for plaintiff-appellant.

Steven E. Clyde of Clyde & Pratt, Salt Lake City, Utah, for defendant-appellee.

Before BARRETT, BREITENSTEIN and LOGAN, Circuit Judges.


LOGAN, Circuit Judge.

This appeal challenges the action of the trial court in granting a pretrial motion to dismiss an indictment charging Dennis H. Revada with illegally possessing a sawed-off shotgun in violation of 26 U.S.C. §§ 5841 and 5861(d). The basis of the motion was pre-indictment delay of approximately 21 months between the discovery of the weapon and the indictment by the grand jury.

The action of the district judge in the instant case...

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