U.S. Ninth Circuit - The FindLaw 9th Circuit Court of Appeals Opinion Summaries Blog

Dismissal of Indictment Without Prejudice Under Speedy Trial Act, and Other Criminal Matter

In US v. Burkett, No. 09-30260, the court of appeals affirmed defendant's conviction for being a felon in possession of a firearm in violation of 18 U.S.C. section 922(g), holding that, contrary to defendant's argument that the seizure of the firearm from his coat pocket stemmed from a violation of his Fourth Amendment rights, the record developed during the suppression hearing amply supported a conclusion that the "stop and frisk" in this case was reasonable.

US v. Lewis, No. 09-10058, involved defendant's appeal from the district court's decision to dismiss his indictment for violation of the Speedy Trial Act, 18 U.S.C. section 3161, without prejudice.  The court affirmed on the grounds that ) the district court correctly found that 90 days would be the "outer boundary" of a reasonable delay for joinder, given the government's diligent efforts to obtain a witness's presence and the minimal prejudice to defendant; 2) because defendant was to be tried jointly with his codefendants, the district court properly granted a continuance; and 3) the district court balanced the applicable statutory considerations, made the requisite factual findings, and properly determined that the overall weight of the statutory considerations favored dismissal without prejudice.

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