United States Sixth Circuit

Defendant's convictions for seven drug and gun-related crimes and a 382 month sentence is affirmed in part, reversed in part, vacated in part and remanded where: 1) defendant's convictions for being a felon in possession of a firearm and being a felon in possession of ammunition are reversed as he has established that the government violated the Speedy Trial Act, and on remand, the district court may determine whether to dismiss these charges with or without prejudice based on 18 U.S.C. section 3162(a)(1) factors; 2) defendant's remaining claims of inconsistent verdict, hearsay testimony, and due process right violations are rejected as forfeited and without merit; and 3) defendant's sentence is vacated and remanded for resentencing.

Appellate Information

• Decided 03/19/2010
• Published 03/19/2010

Judges

Court

• United States Sixth Circuit

Counsel