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U.S. v. ANTONINO

No. 86-2062.

830 F.2d 798 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. Anthony ANTONINO, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided October 2, 1987.

Attorney(s) appearing for the Case

Richard S. Kling, Chicago, Ill., for defendant-appellant.

Lawrence E. Rosenthal, Asst. U.S. Atty., Anton Valukas, U.S. Atty., Chicago, Ill., for plaintiff-appellee.

Before WOOD and CUDAHY, Circuit Judges, and ESCHBACH, Senior Circuit Judge.

ESCHBACH, Senior Circuit Judge.

The dispositive issue in this appeal is whether a delay of over three years between the dismissal of a criminal complaint charging various violations of the narcotics laws and the bringing of a subsequent indictment caused the defendant to suffer actual and substantial prejudice. To show a violation of due process from pre-indictment delay that would require dismissal of the indictment, a defendant...

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