United States v. Joseph Alanson Snyder

This appeal is from a conviction for violation of the Mann Act, 18 U.S.C. §§ 2421 , 2423.

The sole question is whether the District Court erred in denying appellant’s motion to dismiss the indictment under Rule 48(b), Fed.R.Crim.P., on the ground that there had been unnecessary delay in bringing the charges before the grand jury. Seventeen months had elapsed between the time when commission of the offense was brought to the attention of the authorities (September, 1966) and the time when a complaint was signed (February, 1968). The Government justified the delay on the basis of its determination to proceed first with a related case and its belief that to proceed with both simultaneously might jeopardize the safety of the principal witness in both cases and unnecessarily confuse her as to the respective dates and places involved.

The District Court, in denying the motion to dismiss, found that the delay was not based on any sinister purpose and was not oppressive or unreasonable.

“[T]he right to a speedy trial guaranteed by the Sixth Amendment does not arise until formal complaint is lodged against the defendant.” Benson v. United States, 402 F.2d 576, 579 (9th Cir. 1968). The…