United States v. David B. Mitchell

VANCE, Circuit Judge:

This appeal comes to us following the district court’s dismissal of a federal grand jury indictment. In October 1982 seven men were indicted on numerous counts of conspiracy, possession of and distribution of large quantities of marijuana. The indictment was sealed until February 1984, when five of the seven were taken into custody. The district court granted the defendants’ motion to dismiss because it found that the defendants were prejudiced by the government’s undue delay in unsealing the indictment. Although we affirm the district court’s finding that the government…