United States v. Joseph Stanley, United States of America v. Edward Ward

These two appeals, involving one narcotic indictment and two convictions, were consolidated for hearing. They each raise the principal issue of whether a purposeful delay of approximately seven months by the prosecution between the date of the commission of the offense and the date of arrest of the defendants constitutes a denial of constitutional due process.

We have held consistently it does not, and particularly, that it cannot when the delay is justifiable-; when the “in-court” identification of the defendant is reliable, and when appellant demonstrates no prejudice by the delay.

Here the last two months of the delay occurred because (although a complaint was issued five months after the sale of narcotics charged) the defendants could not be located. We have held the precise length of a delay is not controlling, however, but rather the reasonableness of any reason for such delay, and the possible prejudice resulting to a defendant. Wilson v. United States, 409 F.2d 184 (9 Cir. 1969); Whitted v. United States, 411 F.2d 107 (9 Cir. 1969).

In Wilson, supra, under circumstances substantially similar to those appearing here, we distinguished Ross v. United States, 121…