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

Bad Law
92 Daily Journal DAR 12481·974 F.2d 1035·1992 WL 214048·1992 U.S. App. LEXIS 20881·92 Cal. Daily Op. Serv. 7685
United States Court of Appeals for the Ninth CircuitSeptember 8, 199291-30206California608 words

Opinion

Opinion

Wright, J.

ORDER

The appellee’s petition for rehearing is GRANTED. The opinion filed April 3, 1992 is WITHDRAWN.

In our prior opinion, 961 F.2d 138 , (9th Cir.1992) which has been withdrawn, this court held that the six year delay between Shell’s indictment and arrest did not violate his Sixth Amendment right to a speedy trial because he failed to show actual prejudice. .

Shell filed a false passport application in 1978 under the name Bonney. After a DEA investigation of his alleged involvement in a heroin conspiracy, he fled the United States and lived in Hong Kong for several years before he was deported to Guam. While abroad he used the alias Chris Weber. From 1980 to 1984, the government unsuccessfully attempted to locate him.

In 1984, a grand jury indicted Shell on the 1978 passport charge. From 1984 to 1989, his file was misplaced and the government made no attempt to locate him. In 1989, a new search began for Shell, and the government located and arrested him in Guam in 1990. Shell moved to dismiss the indictment. The district court granted his motion based on the post-indictment delay. We reversed. We excused the government’s negligence and the delay because Shell had not shown…

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