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UNITED STATES v. WEST

Nos. 77-5194 and 77-5321.

568 F.2d 365 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Robert WEST, Kenny Randall, Robert Higgins, William Miller and Thomas Swan, Defendants-Appellants. UNITED STATES of America, Plaintiff-Appellee, v. Robert HIGGINS and Thomas Swan, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied April 14, 1978.

Attorney(s) appearing for the Case

Theodore J. Sakowitz, Federal Public Defender, Paul M. Korchin, Asst. Federal Public Defender, Miami, Fla., for West.

Jack J. Taffer, Miami, Fla., for Randall.

Joel Hirschhorn, Miami, Fla., for Higgins & Miller.

Fred Haddad, Fort Lauderdale, Fla., for Swan.

Jack Eskenazi, U. S. Atty., Karen L. Atkinson, Charles O. Farrar, Jr., Asst. U. S. Attys., Miami, Fla., for plaintiff-appellee.

Before COLEMAN, HILL, and RUBIN, Circuit Judges.

Rehearing and Rehearing En Banc Denied April 14, 1978.

ALVIN B. RUBIN, Circuit Judge:

The defendants in these two criminal cases, as so many others have done since the decision in United States v. Marion, 1971, 404 U.S. 307, 92 S.Ct. 455, 30 L.Ed.2d 468,1 urge that they have been denied due process because of pre-indictment delay and that this denial of their constitutional rights requires...

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