United States v. John Hayden

CYNTHIA HOLCOMB HALL, Circuit Judge:

The United States of America appeals from the district court’s dismissal with prejudice of part of its indictment. We conclude that the district court abused its discretion and therefore reverse.

I

In May 1986, a federal grand jury indicted defendant John Hayden on charges of participating in fraudulent loan transactions involving real estate in Chatsworth and Rivendale, California. Trial originally was set for July 22, 1986. Hayden then sought and was granted severance from his co-defendants. The district court also granted his motion to continue the trial…