United States v. Sears, Roebuck and Company, Inc., AKA Sears, AKA Sears & Roebuck, Defendant

This case involves the claim that Sears conspired to defraud the United States government by overstating to customs agents the price it had paid for television receivers purchased from Japanese manufacturers. The current appeal is the fifth pretrial appeal and the fourth time that the government has appealed a dismissal of the criminal indictment in this case. The government appeals the district court’s dismissal of the indictment this time on the basis that the delay in spreading the appellate mandate violated the Sixth Amendment, Federal R.Crim.P. 48(b), and the Speedy Trial Act. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We reverse.

I

A long and complicated history is prologue to this appeal. On February 26, 1980, the government filed a thirteen count indictment against Sears charging it with conspiracy to defraud the United States and entering television receivers into the United States by means of false statements in violation of 18 U.S.C. § 542 . Sears was initially unsuccessful both before the district court and this court in seeking dismissal of the indictment, United States v. Sears, 647 F.2d 902 (9th Cir.1981). Subse quently, however, the district court…