Fred Rose Morales v. United States

BARNES, Circuit Judge

(dissenting):

For the reason expressed in the Ginoza v. United States dissent (279 F.2d 616 (9th Cir. 1960)), I feel required to dissent, and do dissent, to this opinion, which follows the majority in Ginoza. An appellate court is not better qualified or more able to determine what constitutes “without unnecessary delay” (Rule 5(a)) — which “cannot mean instantly” (Muldrow v. United States, 281 F.2d 903 (9th Cir. 1960)) — than is the court below.