Charles Luther York v. United States

This is an appeal from a judgment of conviction of the robbery of the Bank of American National Trust and Savings Association at Chester, California, in violation of 18 U.S.C. § 2113 (a) and (d).

The robbery occurred on August 16, 1960. Appellant was identified as one of the two robbers at a lineup held in March 1961. He was indicted May 4, 1962. Counsel was appointed on March 13,1963, and appellant was arraigned and pleaded not guilty on March 19,1963. Two trials, the first commencing September 30, 1963, and the second December 9, 1963, ended in mistrials. The trial resulting in appellant’s conviction began April 20, 1964.

Appellant contends that the twenty-three month delay between the lineup and the appointment of counsel and arraignment constituted a denial of his Sixth Amendment rights to speedy trial and representation by counsel, and his Fifth Amendment right to due process.

At his arraignment appellant apparently moved to dismiss the indictment under Rule 48(b). The record contains a memorandum and order of the district court, filed March 25, 1963, denying the motion. From this memorandum it appears that appellant complained only of the delay of ten months between…