United States v. Robert Ray Penland

Robert Ray Penland, appellant herein, was found guilty of four counts of violation of 18 U.S.C. § 2314 — interstate transportation of altered securities — on July 9, 1969, after a jury trial in the United States District Court for the District of Montana. His sole contention on appeal is that he was denied his Sixth Amendment right to a speedy trial.

The record shows that appellant was indicted in Montana on February 2, 1968, on four counts of violation of 18 U.S.C. § 2314 , said violations alleged to have occurred on three occasions between December 7 and December 20, 1967. At the time of the indictment appellant was in state custody in Wisconsin. The United States Attorney in Montana learned of appellant’s detention in Wisconsin, and appellant learned of the Montana federal charges. In March of 1968 the record and appellant’s affidavit indicate that appellant “consented to a Rule 20 [F.R.Crim.P.] disposition of the charges here involved.” The indictment was then' forwarded to the United States Attorney in Wisconsin for the Rule 20 disposition. However, no such consent was executed by appellant. In April of 1968 appellant was extradited to Nevada and came into the custody of the…