Legal Opinion
United States v. Colitto
District Court, E.D. New York
Decided November 9, 1970No. 70 CR 647PublishedCited by 9 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
WEINSTEIN, District Judge.
Pursuant to the Sixth Amendment of the Constitution and Rule 48(b) of the Federal Rules of Criminal Procedure, defendant moves for dismissal of the indictment claiming unnecessary post-arrest delay in presenting the charges to the grand jury — without justification and to his prejudice. The motion must be granted for the reasons indicated below.
I
Defendant was arrested on September 15, 1969 for possession and transfer of unregistered firearms — two pipe bombs. 26 U.S.C. §§ 5861(d) (e), 5871. In November, 1969 — between his appearance before the…
2Cases cited53 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Glasser v. United StatesSupreme Court of the United States · 1942
- Klopfer v. North CarolinaSupreme Court of the United States · 1967
- United States v. EwellSupreme Court of the United States · 1966
- Smith v. HooeySupreme Court of the United States · 1969
48 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State v. CrapoSupreme Court of Rhode Island · 1974
- Freeman C. Edmaiston v. William S. Neil, WardenCourt of Appeals for the Sixth Circuit · 1971
- United States v. BlaunerDistrict Court, S.D. New York · 1971
- United States v. FishelDistrict Court, S.D. New York · 1971
- United States v. LockwoodDistrict Court, E.D. New York · 1974
4 more not listed; retrieve them via the Exa API.