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UNITED STATES v. TATE

December 1, 1971

UNITED STATES of America
v.
Leroy TATE


Troutman, District Judge.


The opinion of the court was delivered by: TROUTMAN

TROUTMAN, District Judge.

 Defendant was indicted for violating 50 App. U.S.C. § 462 by failing to report for induction into the Armed Forces. Before the Court is defendant's motion to dismiss the indictment on the ground of unnecessary and unreasonable delay. As a result of the delay, which totaled approximately thirty-three months, defendant contends he was denied (1) a speedy trial under the Sixth Amendment; (2) due process of law under the Fifth Amendment; and (3) a trial without unnecessary delay under Rule 48(b) of the Federal Rules of Criminal Procedure.

 1. On July 16, 1968, the registrant was issued an Order to Report for Induction on August 1, 1968.

 2. On July 23, 1968, letter was sent requesting registrant to report for induction on August 1, 1968.

 3. On August 1, 1968, the registrant failed to report as ordered.

 4. On October 28, 1968, the registrant reported to his local board where he was told to report for induction on November 7, 1968, at the State Armory.

 5. On November 7, 1968, the registrant did not report. The local board advised that he had reported to the local board and he once again agreed to report on November 8, 1968.

 6. On November 8, 1968, the registrant reported to 401 North Broad Street, Philadelphia, Pennsylvania, but left after being found acceptable. Before processing could be completed he departed from the Induction Station without authorization, leaving his overcoat behind.

 7. On January 13, 1969, United States Attorney Alexander Greenfeld, District of Delaware, indicated that venue may be in Philadelphia, Pennsylvania, and that he would discuss this matter with the Department of Justice.

 8. On February 25, 1969, Alexander Greenfeld advised Drew J.T. O'Keefe that venue for prosecution was in this jurisdiction.

 9 On April 8, 1969, Merna Marshall, Assistant United States Attorney, wrote and requested a copy of the Selective Service file of Leroy Tate.

 10. On April 23, 1969, Colonel Willard Silverberg transmitted a copy of the file to the United States Attorney's office for the Eastern District of Pennsylvania, date of receipt of his letter was stamped April 24, 1969.

 11. On May 12, 1969, Merna Marshall advised Special Agent Thomas F. Carrig that she would order Tate's selective Service file from Delaware State Headquarters for review and would then render a prosecutive opinion.

 12. On October 8, 1969, Merna Marshall advised Special Agent Carrig that the review of Tate's Selective Service file had not been completed and, therefore, she was unable to render a decision concerning prosecutive action.

 13. On February 19, 1970, the defendant was indicted and a bench warrant was issued by Judge John B. Hannum and ...


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