United States Eighth Circuit

A conviction for various credit card fraud offenses and escape is affirmed where: 1) the district court did not abuse its discretion in dismissing an earlier indictment without prejudice as a remedy for the Speedy Trial Act violation in the case; and 2) while a delay constituted a grave Sixth Amendment violation, given the seriousness of the offenses and the absence of any claim of innocence or prejudice, the court did not find this to be a case appropriate for the exercise of its discretion to review plain error.

Appellate Information

• Decided 08/30/2007
• Published 08/30/2007

Judges

• JOHN R. GIBSON, Circuit Judge., Before WOLLMAN, JOHN R. GIBSON, and MURPHY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Douglas B. Altman, argued, Minneapolis, MN, for appellant.


• For Appellees:
  
• William H. Koch, AUSA, argued, Minneapolis, MN, for appellee.