United States v. Peter John Capriola and Ronald Freeze

*320OPINION

Before DUNIWAY and ELY, Circuit Judges, and SOLOMON, District Judge.* PER CURIAM:

Appellants Capriola and Freeze were convicted under 21 U.S.C. §§ 952 & 963, for conspiracy to smuggle marijuana from Mexico into this country. Capriola was also convicted on a second count for attempting to import marijuana from Mexico.

Here, the appellants present only three contentions worthy of comment. They first argue that delay by the Government in seeking and obtaining indictments against them infringed due process rights guaranteed to them by the Fifth Amendment. The record does not disclose that…