United States Tenth Circuit

Defendant's drug and firearm conviction and sentence are affirmed where 1) the district court properly dismissed the indictment without prejudice for violation of the Speedy Trial Act, because there was neither intentional dilatory conduct nor a pattern of neglect by the government; and 2) defendant's sentence was not disproportionate to the severity of his offense.

Appellate Information

• Decided 08/13/2009
• Published 08/13/2009

Judges

• HOLLOWAY, Circuit Judge., Before HARTZ, HOLLOWAY, and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Stephen L. Sewell, Assistant United States Attorney, Tulsa, OK, (David E. O'Meilia, United States Attorney for the Northern District of Oklahoma, and Matthew P. Cyran, Assistant United States Attorney, with him on the briefs) for Plaintiff-Appellee., Fred Randolph Lynn, Tulsa, OK, for Defendant-Appellant.