The following excerpt is from U.S. v. Hayden, 860 F.2d 1483 (9th Cir. 1988):
4 Criminal defendants are not entirely unprotected during this period. Claims of prejudicial delay may be scrutinized under the due process clause of the fifth amendment. See United States v. MacDonald, 456 U.S. 1, 7-9, 102 S.Ct. 1497, 1502-03, 71 L.Ed.2d 696 (1982); 3 J. Cook, Constitutional Rights of the Accused Sec. 15:1, at 4 (2d ed. 1986). Defendants are also protected by the applicable statute of limitations.
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