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U.S. v. MAYES

Nos. 90-3016, 90-3017.

917 F.2d 457 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Larry MAYES, and Dallas Earl Scott, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

October 24, 1990.

Attorney(s) appearing for the Case

Richard L. Hathaway, Asst. U.S. Atty. (Lee Thompson, U.S. Atty., with him on the briefs), Topeka, Kan., for plaintiff-appellee.

Robert E. North, Topeka, Kan., for defendant-appellant Robert Larry Mayes.

Mark W. Works, Works, Works, & Works, P.A., Topeka, Kan., for defendant-appellant Dallas Earl Scott.

Before HOLLOWAY, Chief Judge, SEYMOUR and ANDERSON, Circuit Judges.

STEPHEN H. ANDERSON, Circuit Judge.

Robert Mayes and Dallas Scott were each convicted, in a joint trial, of one count of conspiring to distribute heroin in the Leavenworth federal prison and fifteen counts of using a telephone in the commission of the crime.

I.

The defendants claim that the indictment should have been dismissed pursuant to Fed.R.Crim.P. 48(b) because of the delay between the offense and the indictment, and that the period between...

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