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U.S. v. BARKEN

No. 03-50441.

412 F.3d 1131 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Gary Donald BARKEN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submitted June 13, 2005.

Filed June 27, 2005.

Attorney(s) appearing for the Case

Leonard Sharenow, Esq., Los Angeles, CA, for the defendant-appellant.

Dorothy Kim, Esq., Assistant United States Attorney, Los Angeles, CA, for the plaintiff-appellee.

Before: D.W. NELSON, GIBSON, and GRABER, Circuit Judges.

GIBSON, Circuit Judge:

Gary Donald Barken appeals his jury trial conviction and sentence for unlawful transportation and disposal of hazardous material without a permit in violation of 42 U.S.C. § 6928(d)(1) and (d)(2)(A) (codifying the Resource Conservation and Recovery Act, (RCRA)). He argues that the district court erred by denying his motion to dismiss the indictment for pre-indictment delay in violation of his due process rights under the Fifth Amendment...

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