United States v. Homer Lee Tucker

WALLACE, Chief Judge:

We are called upon in this appeal to consider the limits on our supervisory powers. Tucker contends that we have the power and obligation to reverse his criminal conviction and dismiss the indictment against him because of excessive delay in hearing his appeal due to the failure of a court reporter to file a transcript of his trial in a timely manner. We hold that we may not exercise our supervisory powers absent a showing of prejudice. Because Tucker has not met this burden, we withdraw the panel opinion and affirm his conviction.

I

A federal grand jury indicted Tucker and…