Charles Eddie Lucas v. United States

Good Law
363 F.2d 500·1966 U.S. App. LEXIS 5471
United States Court of Appeals for the Ninth CircuitJuly 18, 196620100California1,305 words

Opinion

Opinion

Jertberg, J.

Appellant appeals from a judgment of conviction and sentence of five years in the custody of the Attorney General for a violation of 18 U.S.C. § 2312 , interstate transportation of a stolen motor vehicle.

On this appeal two questions are presented :

1. “Whether the methods and means employed by the federal authorities involved resulted in a denial to Appellant of due process of law rights provided by the Fifth Amendment to the Constitution of the United States.”; and

2. “Whether the methods and means employed by the federal authorities involved resulted in a denial to Appellant of the provision of the Sixth Amendment to the Constitution of the United States which provides that a person accused of a crime shall be given a speedy trial.”

Both questions were raised in the District Court by motions to dismiss the indictment.

The facts which appear in the record are not in dispute, and may be summarized as follows:

Appellant was arrested by members of the police department of Lodi, California, on the evening of February 6, 1964, upon an alleged armed robbery charge which was subsequently dropped. On the morning of February 7, appellant was interrogated by two agents of the…

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