United States v. Willie Eugene Clay

STEVENS, Circuit Judge.

The district court found that a delay of about eight months between arrest and indictment was not prejudicial to the defendant, but because the delay was unnecessary, he dismissed the indictment. The government appeals. We hold (1) that the order is appealable, and (2) that the district court erred.

Defendant was accused of making sales of heroin on June 9 and June 17, 1971, in violation of 18 U.S.C. § 841. He was arrested on June 27, posted bond shortly thereafter, and waived preliminary hearing on July 6, 1971. The indictment was not returned until February 24, 1972,…