United States Ninth Circuit

The district court properly affirmed defendant's conviction before a magistrate judge for three Class B misdemeanors, operating a motor vehicle while under the influence of alcohol, operating a motor vehicle with a blood alcohol content over 0.08%, and failure to maintain control of a vehicle, where: 1) 18 U.S.C. section 3162(d)(2) does not apply to Class B misdemeanors, and the charges against the defendant were therefore properly allowed to proceed despite the failure to adhere to the time limit set forth in that paragraph of the Speedy Trial Act; and 2) the district court properly held that the charges should not be dismissed based on the government conduct here, which involved videotaping the defendant the defendant while she was using the toilet in a holding cell at the police station, because there was no nexus between that conduct and the criminal proceeding either in securing the indictment or in procuring the conviction.

Appellate Information

• Decided 10/01/2013
• Published 10/01/2013

Judges

• BERZON

Court

• United States Ninth Circuit

Counsel