US v. Dowdell, No. 08-1855

Conviction of defendant for distributing cocaine base and sentence of 198 months' imprisonment as a career offender is affirmed where: 1) defendant's speedy trial right attached on the date of his federal indictment; 2) defendant forfeited any Interstate Agreement on Detainers (IAD) claim by failing to raise it in the district court; 3) district court's amendment of one indictment from distribution of "cocaine" to "cocaine base" did not affect the substance of the charges and therefore did not offend the Presentment Clause; and 4) the district court did not abuse its discretion in its evidentiary rulings; and 5) there is no flaw in defendant's sentence. 

Read US v. Dowdell, No. 08-1855

Appellate Information

Appeal from the United States District Court for the District of Massachusetts

Decided February 12, 2010

Judges

Before: Torruella, Seyla, and  Howard, Circuit Judges

Opinion by  Circuit Judge Howard

Counsel

For Appellant:     Charles W. Rankin, Michelle Menken and Rankin & Sultan

For Appellee:   Randall E. Kromm, Assistant United States Attorney, Michael K. Loucks, Acting United States Attorney