United States v. Robert Larry Mayes, and Dallas Earl Scott

STEPHEN H. ANDERSON, Circuit Judge.

Robert Mayes and Dallas Scott were each convicted, in a joint trial, of one count of conspiring to distribute heroin in the Leavenworth federal prison and fifteen counts of using a telephone in the commission of the crime.

I

The defendants claim that the indictment should have been dismissed pursuant to Fed.R.Crim.P. 48(b) because of the delay between the offense and the indictment, and that the period between indictment and trial exceeded that permitted by the Speedy Trial Act. 1

Rule 48(b) provides that “[i]f there is unnecessary delay in presenting the…