United States v. Muzammil Ali, No. 21-2286 (8th Cir. 2022)
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A jury convicted Defendant of conspiracy to distribute tetrahydrocannabinol (THC), in violation of 21 U.S.C. Sections 841(a)(1), 841(b)(1)(C), and 846. Defendant appealed, arguing that the district court (1) abused its discretion by denying his motion for a continuance; (2) erred by admitting into evidence portions of recordings of phone calls that Defendant made from jail; (3) permitted trial delays that violated Defendant’s Sixth Amendment right to a speedy trial, and (4) erred at sentencing by declining to vary downward.
The Eighth Circuit affirmed. The court explained that Defendant has not established that the court abused its discretion. The trial occurred nearly a year after Defendant’s arrest and arraignment. Defendant replaced his attorney in August of 2020, but he still had more than five months to prepare for trial with his trial counsel’s assistance. Five months falls within a range found in cases where the court has concluded that there was adequate time.
Further, the court explained the delays, in this case, are not attributable to the government as they resulted from delays requested by codefendants or ordered by the court in which Defendant acquiesced. This means that the relevant period is between October 19, 2020, and January 11, 2021, the date Defendant’s trial began. Thus, the court held that the period of delay does not trigger presumptive prejudice.
Court Description: [Smith, Author, with Colloton and Shepherd, Circuit Judges] Criminal case - Criminal law and sentencing. The district court did not abuse its discretion by denying defendant's last-minute request for a trial continuance as defendant had adequate time to prepare for trial and he and his attorney acknowledged they were ready for trial; defendant's Sixth Amendment speedy trial rights had not been violated; the district court did not abuse its discretion in admitting excerpts of defendant's jail house calls, where the court found the remainder of the recordings contained statements that were hearsay, unfairly prejudicial, irrelevant, or potentially confusing; the district court did not abuse its discretion by rejecting defendant's request for a downward variance.
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