United States v. Mays

I respectfully dissent.

The judgment of the majority, condemning as “clearly erroneous” the District Court’s findings of actual prejudice attributable to four and one-half years of unjustifiable pre-indictment delay on the part of *681the prosecution is to me perplexing if, indeed, not wholly inexplicable. I cannot fairly envision, in the absence of intentional prosecutorial delay taken for purposes of securing tactical advantages, a more compelling case for the trial judge to conclude that the defendants cannot be afforded, as they must, their preeminent due process right to a fair trial.

I do,…