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
Appeal from the United States District Court for the District of Massachusetts
Decided February 12, 2010
Before: Torruella, Seyla, and Howard, Circuit Judges
Opinion by Circuit Judge Howard
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
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