United States Second Circuit

Conviction of possessing a handgun with an obliterated serial number, in violation of 18 U.S.C. section 922(k)(1), is reversed where: 1) the Speedy Trial Act was violated when the district court allowed eleven months of unexcluded time to accumulate while defendant remained in custody with his suppression motion under advisement; and 2) the district court abused its discretion by dismissing defendant's indictment without prejudice to his reprosection.

Appellate Information

• Decided 09/10/2015
• Published 09/10/2015

Judges

• POOLER

Court

• United States Second Circuit

Counsel