Legal Opinion
United States v. Charles Edward Huntley
Court of Appeals for the Ninth Circuit
Decided October 6, 1992No. 90-10151PublishedCited by 54 opinions
1Opinion of the Court
KLEINFELD, Circuit' Judge:
The district court dismissed the indictment against Huntley because of preindictment delay, under the Fifth Amendment Due Process Clause and Federal Rule of Criminal Procedure 48(b). We vacate and remand. Adequate prejudice was not proved for the Due Process challenge, and the forewarning and caution requirements were not satisfied for Rule 48(b).
I. Facts.
Huntley was indicted July 12, 1989, for a crime committed on November 27, 1988, 7Via months earlier. The indictment accused him of being a felon in possession of a firearm under 18 U.S.C. §§ 922(g)(1) and 924(e)(1).…
2Cases cited15 opinions
- United States v. MarionSupreme Court of the United States · 1971
- United States v. LovascoSupreme Court of the United States · 1977
- United States v. Janice Wallace, United States of America v. Elmore PennCourt of Appeals for the Ninth Circuit · 1988
- United States v. Arnold Sherlock and Ronald CharleyCourt of Appeals for the Ninth Circuit · 1992
- United States v. Arturo Gonzalez-SandovalCourt of Appeals for the Ninth Circuit · 1990
10 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- Joseph Avery Robinson v. John P. Whitley, Warden, Louisiana State PenitentiaryCourt of Appeals for the Fifth Circuit · 1993
- United States v. Corona-VerberaCourt of Appeals for the Ninth Circuit · 2007
- United States v. DuddenCourt of Appeals for the Ninth Circuit · 1995
- United States v. Miguel Doningo GregoryCourt of Appeals for the Ninth Circuit · 2003
- UNITED STATES of America, Plaintiff-Appellee, v. Stephen William BISCHEL, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1995
49 more not listed; retrieve them via the Exa API.