US v. Smith, No. 08-8019

Defendant's tax evasion conviction is affirmed, where the delay prior to the District Court's hearing on his motion to dismiss the indictment did not violate the Speedy Trial Act, as the Act did not require the dismissal of an indictment whenever the defendant files a pre-trial motion and retracts it at a hearing held more than seventy days later.

Read the full decision in US v. Smith, No. 08-8019.

Appellate Information:

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF WYOMING (D.C. NO. 2:07-CR-00125-CAB-1)
Opinion filed on June 18, 2009

Judges:

Before TACHA, O'BRIEN and McCONNELL, Circuit Judges.
Opinion by McCONNELL, Circuit Judge.

Counsel:

Henry F. Bailey, Jr., Bailey Stock & Harmon, Cheyenne, Wyoming (Jared S. Crecelius, Bailey, Stock & Harmon and Ronald Petty, Cheyenne, Wyoming, with him on the brief), for Defendant-Appellant.

Gregory Davis, United States Department of Justice, Washington, D.C. (Nathan J. Hochman, Assistant Attorney General, Alan Hechtkopk and Elissa Hart-Mahan, Tax Division, Department of Justice, Washington, D.C., with him on the brief), for Plaintiff-Appellee.