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U.S. v. SHELL

No. 91-30206.

961 F.2d 138 (1992)

UNITED STATES of America, Plaintiff-Appellant, v. James Ray SHELL, a/k/a Kelly Barrick Bonney, a/k/a Chris Raymond Weber, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided April 3, 1992.

Attorney(s) appearing for the Case

Brian P. Conry, Portland, Or., for defendant-appellee.

Douglas B. Whalley, Asst. U.S. Atty., Seattle, Wash., Patty Merkamp Stemler, U.S. Dept. of Justice, Washington, D.C., for plaintiff-appellant.

Before: WRIGHT and ALARCON, Circuit Judges, and FONG, District Judge.

EUGENE A. WRIGHT, Circuit Judge.

The government appeals from an order dismissing an indictment charging James Ray Shell with one count of passport falsification, 18 U.S.C. § 1542. The district court held that the indictment was not found within the ten-year limitation period, and that the preindictment delay violated Shell's Sixth Amendment right to a speedy trial. Although we do not approve of the government's failure to investigate actively a defendant's whereabouts...

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