United States v. Flores-Lagonas, No. 19-3108 (8th Cir. 2021)Annotate this Case
The Eighth Circuit affirmed defendant's conviction for being a felon in possession of a firearm and ammunition. The court concluded that the district court did not err by denying defendant's motion to suppress the guns and ammunition where officers had probable cause to believe defendant was engaged in criminal activity and their subsequent arrest and search of defendant's vehicle did not violate his Fourth Amendment rights.
The court also concluded that the district court did not err in denying defendant's motion to dismiss because defendant's police perjury claims fail under either an abuse of discretion or a de novo standard. The court weighed the Barker factors to determine whether defendant's Sixth Amendment right to speedy trial had been violated and concluded that the factors weigh in favor of the government. In this case, defendant caused most of the delay, nearly half of which was due to his competency proceedings. Furthermore, defendant cannot rely on presumptive prejudice alone and has failed to show actual or specific prejudice. Finally, after excluding all times permitted by the Speedy Trial Act, the court concluded that seventy days had not run at the time defendant pleaded guilty.