United States v. James Kress, United States of America v. Robert J. Troy

Appellants Kress and Troy, together with their accomplices, Dougherty and Sheffield, were indicted for armed robbery in violation of Title 18 U.S.C. § 2113 (a) (d). Dougherty and Sheffield pleaded guilty, while the appellants were found guilty by a jury and sentenced to 20 years each. It is from this conviction that they now appeal.

The appellants first contend that they were denied a speedy trial and that their motion to dismiss on that ground should have been granted by the trial court.

The record shows that the offense for which the appellants were convicted was committed on September 27, 1968. They were indicted on December 4, 1968, and bench warrants for their arrest issued that day. At that time appellants were in custody in New Jersey awaiting trial on a charge of robbery and murder growing out of a bank robbery there. On December 12, 1968, and again on May 19, 1969, the United States Attorney in San Francisco attempted to institute trial proceedings in New Jersey under Rule 20, F.R.Crim.P. On May 23, 1969, the United States Attorney was advised that appellants were not agreeable to Rule 20 proceedings. During this time, on or about March 30, 1969, appellants had written…