Jerome Benson v. United States

DUNIWAY, Circuit Judge:

Benson appeals from a judgment of conviction of violation of 21 U.S.C. § 174. The trial was to a jury. On this appeal, he makes two claims: 1) that delay from the day the offense was committed to the day of his arrest deprived him of due process, contrary to the Fifth Amendment, and of his right to speedy trial, contrary to the Sixth Amendment, and 2) that the receipt in evidence of a prior statement of a witness, and the failure of the court to give a limiting instruction, was fatal error. We reject the first claim and sustain the second.

Benson was accused of selling…