United States v. Wilford

MEMORANDUM OPINION AND ORDER

STAPLETON, District Judge:

On July 27, 1973 the Grand Jury returned an indictment in two counts charging Claude L. Wilford with distribution of heroin in violation of 21 U.S. C. § 841(a)(1). The offenses were alleged to have occurred on May 18 and May 21, 1973.

Defendant has moved for dismissal of the indictment on the ground that an alleged “deliberate policy” of the government to delay his arrest has denied him substantial rights under the Fifth and Sixth Amendments. At argument on the motion the defendant offered to prove at an evidentiary hearing that the delay…