413 F.2d 280 (3rd Cir. 1969), 17190, United States v. Lebosky

Docket Nº:17190.
Citation:413 F.2d 280
Party Name:UNITED STATES of America v. George LEBOSKY, Appellant.
Case Date:July 02, 1969
Court:United States Courts of Appeals, Court of Appeals for the Third Circuit
 
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Page 280

413 F.2d 280 (3rd Cir. 1969)

UNITED STATES of America

v.

George LEBOSKY, Appellant.

No. 17190.

United States Court of Appeals, Third Circuit.

July 2, 1969

Argued June 19, 1969.

William H. Sheil, Newark, N.J., for appellant.

John N. Ellsworth, Asst. U.S. Atty., Newark, N.J. (David M. Satz, Jr., U.S. Atty., Newark, N.J., on the brief), for appellee.

Before HASTIE, Chief Judge, and McLAUGHLIN and SEITZ, Circuit Judges.

Page 281

OPINION

PER CURIAM.

Appellant appeals his October, 1967, conviction after a jury trial on a four-count indictment charging him with forging and uttering United States Treasurer's Bonds in violation of 18 U.S.C.A. § 495.

Appellant's first contention below, renewed in this court, is that the indictment should have been dismissed because the Government denied him his constitutional right to a speedy trial. The facts relevant to his contention are as follows:

On August 13, 1965, a complaint was filed before a United States Commissioner in the District of New Jersey charging the appellant with the offenses in question. A bench warrant was issued for his arrest, but he could not be located at his last known address or elsewhere and the warrant was placed in the 'hold' file. On March 21, 1966, 1 the United States Marshal received word that appellant was serving a state sentence in the California State Medical Center, whereupon he forwarded the bench warrant and a copy of the complaint to the Marshal at San Francisco with a request that the warrant be lodged as a detainer against appellant. At some point, which the record does not make clear, the appellant became aware of the detainer. In April of 1966, he sent a letter to the federal authorities in California requesting a speedy trial. The request was forwarded to the United States Attorney's office in Newark, New Jersey, where it was received on April 25, 1966. On May 4, 1966, a Federal Grand Jury at Newark indicted appellant. On May 17, 1966, the appellant refused to have the matter disposed of under F.R.Crim.P. 20 and requested an early trial. Several similar requests by him followed, all of which reached the United States Attorney in Newark, New Jersey. By letter dated January 12, 1967, the United States Attorney informed appellant that as soon as he completed his term of imprisonment on the state charges he would be transported to New Jersey for trial.

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