Abedon Saiz v. Warden Frank Eyman

Abedon Saiz, an Arizona state prisoner, has taken this appeal from a District Court order denying his petition for writ of habeas corpus without an eviden-tiary hearing.

We are not persuaded, in the circumstances of this case, that there was such inordinate delay between the time of the commission of the offense and the time of filing of a formal criminal complaint as to deny due process or the right to speedy trial. Cf. United States v. Ewell, 383 U.S. 116 , 86 S.Ct. 773 , 15 L.Ed.2d 627 (1966); United States v. Penland, 429 F.2d 9 (9th Cir. 1970); York v. United States, 389 F.2d 761 (9th Cir. 1968); Moser v. United States, 381 F.2d 363 (9th Cir. 1967), cert. den. 389 U.S. 1054 , 88 S.Ct. 802 , 19 L.Ed.2d 850 (1968). The complaint was filed within the period of the statute of limitations, and the present record fails to show that Saiz was prejudiced by the delay in filing formal charges. Saiz’s bare allegation that delay dimmed his memory of events does not show actual prejudice. See United States v. Bray, 442 F.2d 1064 (9th Cir. 1971); United States v. Penland, 429 F.2d 9 (9th Cir. 1970). The general allegation that three potential witnesses and the robbery victim were…