UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT
May 17, 1979
UNITED STATES OF AMERICA, APPELLEE,
NATHAN BROWN, DEFENDANT-APPELLANT.
Appeal from the United States District Court for the Southern District of New York.
Present: HONORABLE IRVING R. KAUFMAN, Chief Judge. HONORABLE WILLIAM H. TIMBERS, Circuit Judge. HONORABLE HOWARD T. MARKEY, U.S. Court of Customs and Patent Appeals, sitting by designation.
This cause came on to be heard on the transcript of record from the United States District Court for the Southern District of New York, and was argued by counsel.
ON CONSIDERATION WHEREOF, it is now hereby ordered, adjudged, and decreed that the judgment of said District Court be and it hereby is affirmed.
1. Given Judge Bonsal's explicit finding that the three-hour hiatus between arrest and arraignment was not unreasonable, and that part of the delay was attributable to the Government's inability to locate Brown's parents, we do not think that the Government can be said to have contravened 18 U.S.C. § 5033. See United States v. Smith, 574 F.2d 707 (2d Cir. 1978).
2. In any event, this case clearly does not involve substantial government misconduct resulting in prejudice to the defendant, and accordingly the extreme sanction of dismissal of the criminal information would not have been warranted. See, e.g., United States v. Broward, No. 78-1409 (2d Cir. March 9, 1979) at 1625.
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