United States v. Lovasco

431 U.S. 783 (1977)

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Nature of the Case

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Facts

Locasco (D) was indicted for possessing eight firearms stolen from the United States mails, and for dealing in firearms without a license. The offenses occurred more than 18 months before the indictment was filed. D moved to dismiss the indictment due to the delay. D sought to prove that the delay was unnecessary and that it had prejudiced his defense. D presented a Postal Inspector's report on his investigation that was prepared one month after the crimes were committed, and a stipulation concerning the post-report progress of the probe. The report stated that within the first month of the investigation D had admitted to Government agents that he had possessed and then sold five of the stolen guns. D testified that he had lost the testimony of two material witnesses due to the delay. The first witness, Tom Stewart, died more than a year after the alleged crimes occurred. D claimed that Stewart had been his source for two or three of the guns. The second witness, D's brother, died in April 1974, eight months after the crimes were completed. Respondent testified that his brother was present when D called Stewart to secure the guns and witnessed all of D's sales. The Government (P) made no systematic effort in the District Court to explain its long delay. The Court held that the 17-month delay before the case was presented to the grand jury 'had not been explained or justified' and was 'unnecessary and unreasonable.' It found that D had been prejudiced by reason of the death of Tom Stewart, a material witness on his behalf.' The court dismissed the indictment. P appealed. A majority of the appeals court affirmed the District Court's finding that the Government's actions were 'unjustified, unnecessary, and unreasonable.' The Supreme Court granted certiorari.