Does the delay in filing a criminal complaint after the commission of the crime deny appellant due process?

MultiRegion, United States of America

The following excerpt is from U.S. v. Barney, 568 F.2d 134 (9th Cir. 1978):

The government's delay in filing the complaint after the commission of the crime did not deny appellant due process. There is no evidence of actual prejudice and no showing that the government intentionally delayed to harass appellant or gain a tactical advantage. United States v. Marion, 404 U.S. 307, 325-26, 92 S.Ct. 455, 30 L.Ed.2d 468 (1971). Nor was appellant denied his right to a speedy trial by post-accusation delay. As appellant concedes, he failed to timely assert his right. In any event, he was not incarcerated, and his general allegations of financial and tactical disadvantage are insufficient. United States v. Simmons, 536 F.2d 827, 832 (9th Cir. 1976).

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