United States v. Robert Owen Bray, United States of America v. Wayne David Dickinson, United States of America v. Michael Allen Huber

Robert Owen Bray, Wayne David Dickinson and Michael Allen Huber were jointly tried before a jury and convicted on one count of aiding and abetting Donald Clyde Brewer in smuggling mar ihuana into the United States from Mexico, in violation of 21 U.S.C. § 176a, and on one count of aiding and abetting Brewer in facilitating the transportation and concealment of marihuana in the United States, also in violation of 21 U. S.C. § 176a. They prosecuted separate appeals, which we have consolidated for disposition.

CLAIM OF UNDUE PRE-ARREST DELAY

While appellants were indicted for offenses which occurred on August 19, 1967, they were not arrested until about May 7, 1968. By way of a pre-trial motion, appellants moved to dismiss the indictments on the ground of undue delay in arresting them. The District Court denied the motion.

Our reading of the record from the hearing on the pre-trial motion indicates that the government acted as expeditiously as possible, under the circumstances of the case, in obtaining sufficient evidence to warrant appellants’ arrests. Consequently, we hold that appellants were not deprived of due process of law under the Fifth Amendment because of the lapse of…