United States v. John Hayden

The United States of America appeals from the district court’s dismissal with prejudice of part of its indictment. We conclude that the district court abused its discretion and therefore reverse.

I

In May 1986, a federal grand jury indicted defendant John Hayden on charges of participating in fraudulent loan transactions involving real estate in Chatsworth and Rivendale, California. Trial originally was set for July 22, 1986. Hayden then sought and was granted severance from his co-defendants. The district court also granted his motion to continue the trial to January 13, 1987.

In the meantime, on October 8, 1986, a grand jury had returned a superseding indictment charging Hayden with wire fraud and interstate transportation of stolen property. In December of 1986, Hayden again sought a trial continuance, and the district court moved the trial date to February 1987. In February 1987, Hayden and the government joined in a motion to continue trial until March 31, 1987.

On March 10, 1987, the government made a motion to continue trial, stating that it needed additional time to complete the designation of transcripts from the trial of Hayden’s codefendants, which had ended in…