United States v. Hicks, No. 14-1069 (10th Cir. 2015)
Annotate this CaseDefendant Brian Hicks entered a conditional guilty plea and was later convicted of: one count of possession with intent to distribute more than five kilograms of a mixture or substance containing a detectable amount of cocaine; one count of possession of a firearm or ammunition by a felon; and one count of possession of body armor by a felon previously convicted of a crime of violence. The district court sentenced Hicks to 240 months’ imprisonment. Hicks raises two arguments on appeal to the Tenth Circuit:(1) that the district court erred in denying his two motions to dismiss based on alleged violations of his speedy trial rights under the Speedy Trial Act and Sixth Amendment; and (2) that the district court violated the prohibition against judicial participation in plea negotiations. The Court affirmed in part, reversed in part and remanded. The Court concluded that Hicks’s Speedy Trial Act rights were violated, but his Sixth Amendment rights were not. Because the case was remanded for the district court to determine whether the charges against Hicks should have been dismissed with or without prejudice, the Court did not reach his challenge to the plea negotiations.
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