United States v. Anthony Peterson
411 F. App'x 857
6th Cir.2011Background
- Robbery of National City Bank in Springboro, Ohio on July 7, 2006; a manager identified Peterson from a six-photo array.
- Federal complaint filed July 19, 2006; federal detainer placed, but paperwork not transmitted to Ohio Dept. of Corrections.
- Indicted October 17, 2007: Count 1 armed bank robbery, Count 2 firearm during and in relation to crime.
- Peterson was in state custody for unrelated charges; records offices failed to link detainer with his file.
- Peterson sought speedy-trial relief (Feb. 27, 2008 motion to dismiss); suppression motions filed (April 11, 2008).
- Bench trial held January 26, 2009; Count 2 dismissed; Peterson found guilty on Count 1; sentencing May 4, 2009.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Speedy-trial rights under the Sixth Amendment | Peterson alleges delay violated Barker factors | Government delays justified; some negligence neutral | No Sixth Amendment violation; delays neutral overall |
| Speedy Trial Act compliance | Act violations due to delays; improper exclusions | Delays waived after motion to dismiss; proper exclusions | Act not violated; some periods properly excluded; no dismissal warranted |
| Sentencing based on erroneous evidence | US presented incorrect past-conduct evidence | District court did not rely on that evidence | No remand; court did not rely on erroneous evidence |
| Pre-trial identification suppression | Bowman’s identification possibly unduly suggestive | Identification procedure not unduly suggestive; reliable under Biggers | No suppression; identification admissible |
Key Cases Cited
- Barker v. Wingo, 407 U.S. 514 (1972) (four-factor speedy-trial test applied to delay claims)
- United States v. Robinson, 455 F.3d 602 (6th Cir. 2006) (delay weights neutral when shared responsibility or legitimate reasons exist)
- United States v. Tinklenberg, 579 F.3d 589 (6th Cir. 2009) (standard for speedy-trial act interpretation; plain error if raised on appeal)
- United States v. Olano, 507 U.S. 725 (1993) (plain-error standard for unraised issues on appeal)
- United States v. DeJohn, 368 F.3d 533 (6th Cir. 2004) (38-day period applicability when defendant not in legal restraint; 3161(b) timing)
- Ledbetter v. Edwards, 35 F.3d 1062 (6th Cir. 1994) (Biggers framework for reliability of identification)
- Neil v. Biggers, 409 U.S. 188 (1972) (five-factor reliability test for eyewitness identifications)
- United States v. Hill, 967 F.2d 226 (6th Cir. 1992) (reliability of bank teller identification under scrutiny)
- United States v. Sullivan, 431 F.3d 976 (6th Cir. 2005) (array not unduly suggestive absent substantial differences)