holding that “territory governed by the United States is not a ‘district’ under Section 3238 unless the court having jurisdiction over that territory is invested with the same power as ordinary district courts to try offenses made such by law of Congress”
How later courts described this case
- holding that “territory governed by the United States is not a ‘district’ under Section 3238 unless the court having jurisdiction over that territory is invested with the same power as ordinary district courts to try offenses made such by law of Congress”
Written by the judges who cited it.
Later courts went against this
Overruled by Moses K. Murray v. Louie L. Wainwright, Director, Division of Corrections, State of Florida, 450 F.2d 465 (1971)
Harlow v. United States, 5 Cir., 1962, 301 F.2d 361, overruled in Murray v. Wainwright, 5 Cir., 1971, 450 F.2d 465.
The opinion
RIVES, Circuit Judge
(concurring specially).
I concur in the result, but differ from one part of the opinion which seems to me not necessary for the result. The statement in the opinion that the right to a speedy trial guaranteed by the Sixth Amendment does not arise until after a prosecution is instituted against the accused is supported by several opinions of Courts of Appeals. See Foley v. United States, 8 Cir., 1961, 290 F.2d 562, 565 , and cases there cited. It does not seem to me, however, that that proposition is “well established” in the absence of a controlling decision of the Supreme Court; and, with deference, I am not convinced that it is sound. I forego expressing reasons for my doubts because I am satisfied that, under the facts of this case, there was no unnecessary and unreasonable delay at any stage, either before the prosecution was instituted or afterward. In all other respects, I am in full accord with the comprehensive and able opinion. I therefore concur specially.