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Criminal Procedure Keyed to Ohlin
United States v. Lovasco
Citation:
431 U.S. 783 (1977)Facts
On March 6, 1975, respondent was indicted for possessing eight firearms stolen from the United States mails, and for dealing in firearms without a license. The offense was alleged to have occurred between July 25 and August 31, 1973, more than 18 months before the indictment was filed. Respondent moved to dismiss the indictment due to the delay. To establish prejudice to the defense, respondent testified that he had lost the testimony of two material witnesses due to the delay. The first witness died more than a year after the alleged crimes occurred. The second witness died eight months after the crimes were completed. Following the hearing, the district court found that the Government had all the information relating to defendant’s alleged commission of the offenses charged against him, and that the 17-month delay before the case was presented to the grand jury had not been explained or justified and was unnecessary and unreasonable.
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