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U.S. v. HUNTLEY

No. 90-10151.

976 F.2d 1287 (1992)

UNITED STATES of America, Plaintiff-Appellant, v. Charles Edward HUNTLEY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided October 6, 1992.

Attorney(s) appearing for the Case

Harry Litman, Asst. U.S. Atty., San Francisco, Cal., for plaintiff-appellant.

Karen L. Snell, Asst. Federal Public Defender, San Francisco, Cal., for defendant-appellee.

Before: BOOCHEVER, NORRIS and KLEINFELD, Circuit Judges.

KLEINFELD, Circuit Judge:

The district court dismissed the indictment against Huntley because of preindictment delay, under the Fifth Amendment Due Process Clause and Federal Rule of Criminal Procedure 48(b). We vacate and remand. Adequate prejudice was not proved for the Due Process challenge, and the forewarning and caution requirements were not satisfied for Rule 48(b).

I. Facts.

Huntley was indicted July 12, 1989, for a crime committed on November...

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