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U.S. v. GRIMMOND

No. 96-4825.

137 F.3d 823 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Brian S. GRIMMOND, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided March 6, 1998.

Attorney(s) appearing for the Case

ARGUED: David Leonard Heilberg, Law Office of David L. Heilberg, Charlottesville, Va, for Appellant. Anthony Paul Giorno, Asst. U.S. Atty., Roanoke, VA, for Appellee. ON BRIEF: Robert P. Crouch, Jr., U.S. Atty., Kenneth M. Sorenson, Asst. U.S. Atty., Roanoke, VA, for Appellee.

Before LUTTIG, WILLIAMS, and MOTZ, Circuit Judges.

Affirmed by published opinion. Judge WILLIAMS wrote the opinion, in which Judge LUTTIG joined. Judge MOTZ wrote an opinion concurring in the judgment.

OPINION

WILLIAMS, Circuit Judge:

In April 1993, a federal grand jury indicted Brian Grimmond on gun and drug charges. Prior to trial, Grimmond, in a series of motions, moved to (1) dismiss the indictment because the 35-month delay between his indictment and his arraignment violated his Sixth Amendment...

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