United States v. Kenneth Moses Loud Hawk, Russ James Redner, Dennis James Banks, Darlene Pearl Nichols, A/K/A Kamook Banks

The United States appeals an order of the district court holding that the indictment of Kenneth Moses Loud Hawk, Russ James Redner, Dennis James Banks and Kamook Banks (the defendants) “remains dismissed.” We reverse and remand.

PROCEEDINGS

The history of this case is set out in United States v. Loud Hawk, 474 U.S. 302 , 106 S.Ct. 648 , 88 L.Ed.2d 640 (1986). For the convenience of the reader of this opinion a tabular chronology is attached hereto as an appendix. After the Supreme Court had reversed this circuit and held that the delays in bringing the defendants to trial from the time of their arrest in 1976 did not violate their right under the Speedy Trial Clause of the Sixth Amendment, Id., the case returned here. A panel of this court issued an order on March 18, 1986, 784 F.2d 1407 , stating that “the order of the district court dismissing the indictment is vacated, and the case is remanded for further consideration in light of United States v. Loud Hawk, 54 U.S.L.W. 4083 [ 474 U.S. 302 , 106 S.Ct. 648 , 88 L.Ed.2d 640 ] (U.S. Jan. 21, 1986), reversing 741 F.2d 1184 (9th Cir.1984).”

On return of the case from the circuit to the district court, that court found the order…