United States v. James Ray Shell, A/K/A Kelly Barrick Bonney, A/K/A Chris Raymond Weber

The government appeals from an order dismissing an indictment charging James Ray Shell with one count of passport falsification, 18 U.S.C. § 1542 . The district court held that the indictment was not found within the ten-year limitation period, and that the preindictment delay violated Shell’s Sixth Amendment right to a speedy trial. Although we do not approve of the government’s failure to investigate actively a defendant’s whereabouts after sealing an indictment, as to this defendant, the mere passage of time was not prejudicial. We reverse.

I

In October 1978, Shell applied for a passport using the name “Kelly Barrick Bon-ney.” Bonney is the brother of Shell’s ex-girlfriend, Megan Bonney. Shell falsely stated in his passport application that he was born in Salem, Oregon, on September 10, 1952, and that he was the son of Lewis Sanford Bonney and Mary Joan Roddy.

Late in 1978 and early 1979, Shell was under investigation for heroin smuggling. DEA agents searched his residence for the false passport in May 1979. During the search, Shell told the agents that the Bon-ney passport no longer existed.

One month after the DEA search of his home, Shell applied for another passport…