United States v. Worthy, No. 13-1831 (1st Cir. 2014)Annotate this Case
An initial criminal complaint issued against Defendant on August 6, 2010 charging him with a drug-related offense. Over the next fourteen months, the government brought four superseding indictments against him. Five days before jury empanelment was set to begin, Defendant moved to dismiss the fourth superseding indictment, asserting impermissible trial delay. The government conceded a breach of 18 U.S.C. 3161(c)(1), which requires a criminal defendant to be brought to trial within seventy days of the filing of an indictment. The district court determined that the appropriate remedy for exceeding the statutory time limit was a dismissal of the fourth superseding indictment without prejudice and that Defendant’s Sixth Amendment right to a speedy trial had not been violated. Defendant was subsequently convicted. The First Circuit affirmed Defendant’s convictions, holding that the district court (1) properly decided that dismissal without prejudice was the appropriate remedy for the Speedy Trial Act violation; and (2) properly concluded that Defendant had not been deprived of his Sixth Amendment right to a speedy trial.