United States Sixth Circuit

Speedy Trial Act's thirty-day clock is reset by the government's dismissal of an outstanding indictment where no further restraint on the accused's freedom remains after that dismissal. Specific unanimity instruction was not required for felon-in-possession charge involving two different firearms; the particular firearm possessed is not an element of the crime under 18 U.S.C. section 922(g), but instead the means used to satisfy the element of "any firearm."

Appellate Information

• Decided 05/13/2004
• Published 05/13/2004

Judges

• Before:  MARTIN, RYAN, and MOORE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• Ronald B. Bakeman (argued and briefed), Asst. U.S. Attorney, Cleveland, OH, for Plaintiff-Appellee in 02-3158 and 02-3175., Michael J. Benza (argued and briefed), for Cleveland, OH, for Defendant-Appellant in 02-3158., Thomas J. Broschak (argued and briefed), Ulmer & Berne, Columbus, OH, for Defendant-Appellant in 02-3175.