United States v. Mallett, No. 13-2059 (8th Cir. 2014)
Annotate this CaseDefendants Allen and Mallet appealed their conviction of conspiring to distribute 280 grams or more of cocaine base. The court concluded that Allen's speedy trial rights were not violated where his trial began within the seventy-day requirement; Allen failed to establish a Sixth Amendment violation because he was unable to show the prejudice of pretrial delay and caused much of the delay himself; Mallett's Batson challenge was rejected where the prosecutor provided race-neutral justifications for striking Juror 19; there was sufficient evidence for a reasonable jury to determine the conspiracy involved at least 280 grams of crack cocaine; and Mallett failed to demonstrate the necessary severe or compelling prejudice stemming from his joint trial with Allen sufficient to receive any relief on appeal. Accordingly, the court affirmed the judgment of the district court.
Court Description: Criminal case - Criminal law. Defendant Allen's claim that the case should have been dismissed for violations of his speedy trial rights under both the Sixth Amendment and the Speedy Trial Act is rejected; government presented a racially-neutral ground for use of its peremptory strike, and defendant Mallet's Batson challenge was properly rejected; evidence was sufficient to support defendants' conspiracy convictions; no error in denying defendant Mallet's motion to sever.
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