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U.S. v. SHELL

No. 91-30206.

974 F.2d 1035 (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.

Opinion Filed April 3, 1992.

Opinion Withdrawn September 8, 1992.

Decided September 8, 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.

ORDER

The appellee's petition for rehearing is GRANTED. The opinion filed April 3, 1992 is WITHDRAWN.

EUGENE A. WRIGHT, Circuit Judge:

In our prior opinion, 961 F.2d 138, (9th Cir.1992) which has been withdrawn, this court held that the six year delay between Shell's indictment and arrest did not violate his Sixth Amendment right to a speedy trial because he failed to show actual prejudice.

Shell filed a...

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