Does the dismissal of an indictment brought before the end of the statute of limitations period violate due process?
MultiRegion, United States of America
The following excerpt is from U.S. v. Dudden, 65 F.3d 1461 (9th Cir. 1995):
In limited circumstances, due process requires the dismissal of an indictment brought before the end of the limitations period. United States v. Huntley, 976 F.2d 1287, 1290 (9th Cir.1992). Preindictment delay violates due process only if the defendant proves actual, nonspeculative prejudice from the delay, and if the length of the delay, when balanced against the reason for it, offends fundamental conceptions of justice. Id.
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