United States Fourth Circuit
US v. Henry, 07-4578, 07-4587
Denial of defendants' motions to dismiss their indictment related to marijuana growing is reversed, and their convictions and sentences vacated and remanded where the continuance of trial for 103 days could not be excluded from defendant's speedy trial clock, which caused the total delay in defendant's case to exceed the seventy days allowed by the Speedy Trial Act.
Appellate Information
- Decided 08/19/2008
- Published 08/19/2008
Judges
- Before MICHAEL and SHEDD, Circuit Judges, and HENRY F. FLOYD, United States District Judge for the District of South Carolina, sitting by designation.
Court
- United States Fourth Circuit
Counsel
- For Appellees:
- ARGUED: Brian Joseph Kornbrath, Office of the Federal Public Defender, Clarksburg, West Virginia; Charles T. Berry, Bowles, Rice, McDavid, Graff & Love, PLLC, Morgantown, West Virginia, for Appellants. Shawn Angus Morgan, Office of the United States Attorney, Clarksburg, West Virginia, for Appellee. ON BRIEF: Sharon L. Potter, United States Attorney, Wheeling, West Virginia, for Appellee.