United States v. Fogg, No. 18-1676 (8th Cir. 2019)
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The Eighth Circuit affirmed defendant's conviction for possession of a firearm by a prohibited person and possession of an unregistered firearm. The court held that defendant's failure to file a timely pretrial motion under Federal Rule of Criminal Procedure 12(b)(3) foreclosed each of the defective indictment issues he sought to raise on appeal.
Although defendant acknowledged that the district court appropriately rejected his Speedy Trial Act claim, he asked the court to adopt a new rule giving preference to the defendant's assertion of his speedy trial rights over the wishes of his attorney and the court. The court declined to do so and explained that this rule would be contrary to the plain text of the statute and the court's prior decisions. Finally, the district court did not abuse its discretion by admitting evidence regarding the drugs seized at the time of defendant's arrest because the evidence was clearly intrinsic to the charged offense.
Court Description: Loken, Author, with Erickson, Circuit Judge, and Magnuson, District Judge] Criminal case - Criminal law. Defendant's failure to file a timely pretrial motion under Fed. R. Crim. P. 12(b)(3) foreclosed each of the defective indictment issues he seeks to raise on appeal; Speedy Trial Act argument rejected; the court declines defendant's invitation to adopt a new rule giving preference to his assertion of his speedy trial rights over the wishes of his attorney and the court; in this firearm prosecution the district court did not err in admitting evidence regarding the drugs seized at the time of defendant's arrest as the evidence was clearly intrinsic to the charged offense.
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