United States v. John David Bartlett

JOHN R. GIBSON, Circuit Judge.

The United States appeals from the dismissal of an indictment returned against John David Bartlett charging him with assault with intent to commit rape in Indian country, under 18 U.S.C. §§ 113(a), 1153 (1982). The district court dismissed the indictment on the basis of unreasonable pre-indictment delay, finding the nearly five-year delay between the date of the offense and the date of the indictment violated the due process clause. The federal indictment was returned shortly after the Supreme Court affirmed a lower court deci*1288sion setting aside Bartlett’s state…