United States v. Cherry, Jr., No. 12-4263 (4th Cir. 2013)
Annotate this CaseDefendant appealed his conviction for various firearm and drug crimes. The court joined its sister circuits in interpreting the plain language of section 3162(a)(2) of the Speedy Trial Act, 18 U.S.C. 3162(a)(2), to mean that a defendant who failed to move for dismissal prior to trial on the basis of an untimely indictment waived his right to move for dismissal under the speedy indictment provision of the Speedy Trial Act. Accordingly, the Speedy Trial Act precluded dismissal of defendant's indictment because he failed to move for dismissal prior to trial. The court also concluded that the district court erred by commenting on inadmissible aspects of defendant's criminal history before allowing defense counsel a reasonable amount of time in which to request a poll of the jury but the error did not affect defendant's substantial rights and did not warrant reversal. Accordingly, the court affirmed the judgment.
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