United States v. Michael Ray Townley

TATE, Circuit Judge:

The defendant-appellant, Michael Ray Townley, was tried and convicted of seven counts of criminal mail fraud, in violation of 18 U.S.C. § 1341. 1 He received concurrent five-year sentences of imprisonment, with all but six months suspended. Town-ley raises only one point of error on this appeal. He contends that he was denied due process because of the substantial prejudice to him in presenting his defense resulting from a lengthy pre-indictment delay. Although actual prejudice did result from the lengthy pre-indictment delay, we find that, balancing the prejudice to the…