United States v. Bert, No. 14-2428 (2d Cir. 2015)
Annotate this CaseDefendant appealed his conviction of possessing a firearm with an obliterated serial number and being a felon in possession of a firearm. The court concluded that the Speedy Trial Act, 18 U.S.C. 3162(a)(2), was violated when the district court allowed eleven months of unexcluded time to accumulate while defendant remained in custody with his suppression motion under advisement. In light of the seriousness of the Speedy Trial Act violation in this case, the absence of any explanation beyond mere administrative neglect weighs in favor of dismissal with prejudice; the sheer length of delay at issue here was presumptively prejudicial; and, given the extended administrative neglect by the district court and the government in allowing the case to stagnate for almost a year while defendant was incarcerated, the court concluded that the government’s interest in administering justice by prosecuting defendant’s firearms offenses is outweighed by the impact that permitting reprosecution would have on the administration of justice and of the Speedy Trial Act. Accordingly, the district court's determination to order dismissal of defendant's indictment without prejudice was an abuse of discretion. The court reversed the conviction and dismissed the indictment with prejudice.
The court issued a subsequent related opinion or order on February 9, 2016.
The court issued a subsequent related opinion or order on March 1, 2016.
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