United States v. Charles Edward Huntley

The district court dismissed the indictment against Huntley because of preindictment delay, under the Fifth Amendment Due Process Clause and Federal Rule of Criminal Procedure 48(b). We vacate and remand. Adequate prejudice was not proved for the Due Process challenge, and the forewarning and caution requirements were not satisfied for Rule 48(b).

I. Facts.

Huntley was indicted July 12, 1989, for a crime committed on November 27, 1988, 7Via months earlier. The indictment accused him of being a felon in possession of a firearm under 18 U.S.C. §§ 922 (g)(1) and 924(e)(1). At a hearing on a motion to suppress the revolver, the judge asked the government to explain the delay. The prosecutor explained that the federal authorities did not want to interfere with ongoing state parole proceedings:

At the suppression hearing, the police officer who had arrested Huntley testified that he had seen Huntley place a paper bag under the car he and three other men were parked in, stopped Huntley as he walked away from the car and advised him of the possibility that he could be arrested for littering, and then after picking up the bag and finding a gun in it, arrested Huntley.

A federal…