In re: Kashamu

Ct. of Appeals denied defendant’s mandamus petition seeking dismissal of his indictment on drug charge since Dist. Ct. lacked subject-matter jurisdiction over him because he had never been in U.S., and since speedy trial clause of 6th Amendment barred his prosecution due to govt.’s failure to extradite him from either England or Nigeria. While Dist. Ct. currently has no jurisdiction over defendant, instant indictment has no expiration date, such that if defendant ever came to U.S., he could be put on trial for said charge. Moreover, defendant’s speedy trial claim is premature since issues regarding duration of delay, defendant’s responsibility for said delay and harm to defendant because of delay could not be determined until Dist. Ct. proceedings had been complete. Ct. further observed that since defendant always had ability to come to U.S. to face instant criminal charge, he could not reasonably assert that govt.’s failure to extradite him required dismissal of instant charge.