Conviction of defendant for distributing cocaine base and sentence of 198 months' imprisonment as a career offender is affirmed where: 1) defendant's speedy trial right attached on the date of his federal indictment; 2) defendant forfeited any Interstate Agreement on Detainers (IAD) claim by failing to raise it in the district court; 3) district court's amendment of one indictment from distribution of "cocaine" to "cocaine base" did not affect the substance of the charges and therefore did not offend the Presentment Clause; and 4) the district court did not abuse its discretion in its evidentiary rulings; and 5) there is no flaw in defendant's sentence.
Appeal from the United States District Court for the District of Massachusetts
Decided February 12, 2010
Opinion by Circuit Judge Howard
For Appellee: Randall E. Kromm, Assistant United States Attorney, Michael K. Loucks, Acting United States Attorney