United States v. Larson
2010 U.S. App. LEXIS 25861
| 10th Cir. | 2010Background
- Indictment filed August 16, 2006 charging Larson with meth manufacture and precursor possession.
- Initial appearance June 26, 2007; trial set for August 27, 2007.
- Trial date repeatedly continued, totaling at least eleven continuances through March 24, 2009.
- Motion to dismiss with prejudice filed October 30, 2008; district court denied January 28, 2009.
- Trial ultimately began March 23, 2009; jury convicted on all counts.
- Court reverses on Speedy Trial Act grounds but affirms Sixth Amendment ruling; remands for dismissal-with/without-prejudice decision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Speedy Trial Act: were ends-of-justice continuances properly supported? | Larson argues multiple ends-of-justice continuances were improper. | Larson contends district court clearly weighed proper factors. | Second and fourth continuances improperly excluded time; STA violation. |
| Sixth Amendment speedy trial right violated? | Larson asserts extended delay violated Sixth Amendment. | Government argues factors weigh against Larson. | Sixth Amendment claim not proven; no violation. |
| Dismissal with or without prejudice under STA remanded? | Indictment should be dismissed with prejudice for violation. | Court may tailor dismissal severity based on factors. | Remand to determine whether dismissal should be with or without prejudice. |
Key Cases Cited
- Doggett v. United States, 530 U.S. 647 (U.S. 1992) (presumptive prejudice threshold under Sixth Amendment analysis)
- Barker v. Wingo, 407 U.S. 514 (U.S. 1972) (balancing test for speedy-trial claims; four factors)
- Zedner v. United States, 547 U.S. 489 (U.S. 2006) (record must show on-the-record findings for ends-of-justice exclusions)
- Toombs, 574 F.3d 1262 (10th Cir. 2009) (ends-of-justice considerations; deference to district court findings)
- Gonzales v. United States, 137 F.3d 1431 (10th Cir. 1998) (requirement that district court weigh factors and provide reasons for ends-of-justice continuances)
- Seltzer v. United States, 595 F.3d 1170 (10th Cir. 2010) (multifactor Sixth Amendment speedy-trial analysis; prejudice burden on defendant)
- Abdush-Shakur v. United States, 465 F.3d 458 (10th Cir. 2006) (prejudice and delay considerations in Sixth Amendment context)
- Jackson v. Ray, 390 F.3d 1254 (10th Cir. 2004) (articulates speedy-trial prejudice considerations)