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Life Sentence for Drug Defendant Affirmed; Speedy Trial Act, Other Arguments Rejected

By Shari Allison

U.S. v. Williams, 2009 WL 2462351 (8/13/09) (Published) - The d. ct. did not abuse its discretion when, upon remand from the 10th due to a Speedy Trial Act violation, it dismissed the indictment without prejudice, rather than with prejudice. The seriousness of the offense---possession of cocaine with the intent to distribute that carried a life sentence in light of the defendant's priors---and the lack of: prejudice to the defendant [the 5 years to challenge his priors had already passed before the delay]; evidence of government intentional delay or pattern of neglect; and the defendant's assertions of his speedy trial rights until after the time limit had passed, justified a without-prejudice dismissal. The failure to hold an evidentiary hearing, if error, was harmless because the d...continue to full post

Full post as published by Tenth Circuit Blog on August 19, 2009 (boomark / email).