UNITED STATES v. MARION 404 U.S. 307 (1971) CASE BRIEF

UNITED STATES V. MARION

404 U.S. 307 (1971)

NATURE OF THE CASE: This is an appeal from a conviction of Marion (D) for fraud.

FACTS: Marion (Ds) were indicted and charged in 19 counts with operating a business, which was engaged in the business of selling and installing home improvements such as intercom sets, fire control devices, and burglary detection systems. The United States (P) alleged that the business was fraudulently conducted and involved misrepresentations, alterations of documents, and deliberate nonperformance of contracts. The period covered by the indictment was March 15, 1965, to February 6, 1967. Ds filed a motion to dismiss the indictment 'for failure to commence prosecution of the alleged offenses charged therein within such time as to afford [them their] rights to due process of law and to a speedy trial under the Fifth and Sixth Amendments.' From the facts it appears that Allied Enterprises had been subject to a Federal Trade Commission cease-and-desist order on February 6, 1967. Newspaper articles contained purported statements of the then United States Attorney describing his office's investigation of these firms and predicting that indictments would soon be forthcoming. The grand jury that indicted Ds was not impaneled until September 1969. Ds were not informed of the grand jury's concern with them until March 1970, and the indictment was finally handed down in April. Ds moved to dismiss because the indictment was returned 'an unreasonably oppressive and unjustifiable time after the alleged offenses.' They argued that the indictment required memory of many specific acts and conversations occurring several years before but no specific prejudice was claimed or demonstrated. The District Court judge dismissed the indictment for 'lack of speedy prosecution.' The United States appealed directly to the Supreme Court pursuant to 18 U.S.C. 3731.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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