Duane O. Joy, Ray Martin, and Harriet Ceteznik Knight v. United States

Appellants jointly urge two errors on this appeal from their conviction on several counts of dealing with fraudulent securities, mail fraud, and a conspiracy in connection therewith. They assert first: that they were denied a speedy trial, and second: that the district court erred in refusing to suppress certain evidence illegally seized by a representative of the Securities Exchange Commission.

Appellants’ second point raised has already been passed upon and decided adversely to appellants in a companion case — the appeal of the joint defendant Knight. Cf. United States v. Knight, 412 F.2d 292 (9th Cir.), decided June 24, 1969. This court upheld the trial court’s finding that such records had been abandoned by defendants. (Tr. 1134.)

Appellants’ second point has no merit. They concede that if trial delay is created by action of the defendant, then that time is not counted when a motion to dismiss for failure to provide a speedy trial is considered.

After indictment on January 19, 1966, the trial was set for May 9, 1966. Motions on behalf of defendants delayed the trial until August 3, 1966. At that time the prosecution was ready for trial, but defendant Joy failed to appear,…