United States Ninth Circuit

Whatever the merits of the government's decision to issue a delayed third superseding indictment, it did not cause defendant the kind of prejudice that violates the 6th Amendment, nor the actual prejudice from delay necessary for a 5th Amendment violation.

Appellate Information

• Argued 11/05/2002
• Decided 03/11/2003
• Published 03/11/2003

Judges

• FISHER, Circuit Judge:, Before: SCHROEDER, Chief Judge, ALARCÓN and FISHER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Thomas Muehleck, Assistant United States Attorney, Honolulu, HI, for the plaintiff-appellant.


• For Appellees:
  
• Philip H. Lowenthal, Wailuki, HI, for the defendant-appellee.