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U.S. v. TUCKER

No. 87-5090.

964 F.2d 952 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Homer Lee TUCKER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submission Deferred March 2, 1992.

Resubmitted March 25, 1992.

Decided May 20, 1992.

Attorney(s) appearing for the Case

Elizabeth N. Brancart, Brancart & Brancart, Orange, Cal., for defendant-appellant.

Jean E. Gilliland, Asst. U.S. Atty., Major Crimes Section, and Steven E. Zipperstein, Asst. U.S. Atty., Chief, Criminal Appeals, Los Angeles, Cal., for plaintiff-appellee.

Before: CANBY, NORRIS, and LEAVY, Circuit Judges.

LEAVY, Circuit Judge:

In this case we are called upon to decide whether our supervisory power should be applied to reverse a criminal conviction on the ground that extreme delay in filing a trial transcript resulted in a denial of the appellant's due process rights. We reject the government's argument that there was no due process violation and therefore no ground for exercising our supervisory power, and reverse the conviction.

PRIOR PROCEEDINGS

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