United States v. Donald C. Graham

Graham was convicted in the federal district court of violating 18 U.S.C. § 1343 , Fraud by Wire. He appeals, asserting that the trial court improperly denied his motion to dismiss on speedy trial grounds. The sole issue presented on appeal is whether the delay of approximately 12 months in bringing the defendant to trial deprived him of his sixth amendment right to a speedy trial. We hold it did not.

The pertinent facts follow. Graham was indicted on August 21, 1974. Unknown to the federal officials, he was in state custody under an assumed name. Due to this misrepresentation on Graham’s part, the federal marshal’s office did not locate him until September 16, 1974, at which time it placed a detainer for him with the Marin County (California) Sheriff’s Office. On November 9, 1974, Graham was sent to the Vacaville Medical Facility, located in Solano County, for a medical examination and did not return to Marin County until January 1, 1975. No action was taken to bring Graham to federal court until February 5,1975, when a writ of habeas corpus ad prosequendum was served on Marin County authorities. By that time, the appellant had been transferred to Alameda County…