United States First Circuit

Conviction by guilty plea to participating in a conspiracy to defraud the federal government, in violation of 18 U.S.C. section 371, is vacated where: 1) defendant's plea agreement reserved his right to appeal the district court's denial of his motion to dismiss the indictment with prejudice based on violations of the Speedy Trial Act, the Speedy Trial Clause of the Sixth Amendment, and the Due Process Clause of the Fifth Amendment; and 2) the district court was misled by dicta in a prior opinion in calculating the length of delay relevant to evaluating the alleged Sixth Amendment violation.

Appellate Information

• Published 2017/02/08

Judges

• KAYATTA

Court

• United States First Circuit

Counsel