United States v. Willard Young

This is an appeal from a judgment of conviction on June 8, 1977 of one count of possession of heroin with intent to distribute in violation of 21 U.S.C. 841(a)(1) and one count of conspiracy to distribute and to possess with intent to distribute in violation of 21 U.S.C. 846. Appellant’s notice of appeal was filed timely on June 16, 1977.

Review is sought on three grounds. First, that the trial court erred in denying appellant’s motion to dismiss the indictment for the failure of the Government to comply with the Speedy Trial Act, 18 U.S.C. 3161(e). Second, that the delay in bringing appellant to retrial following reversal of his first conviction denied him his right to a speedy trial under the Sixth Amendment. Third, that the sentence imposed following his conviction upon retrial unconstitutionally penalized him for exercising his right to appeal from his first conviction.

Upon review of the record we find that appellant was not denied his statutory right to a speedy trial under the Speedy Trial Act, since his retrial occurred within 180 days. Nor was he denied his constitutional right to a speedy trial. We find this contention is without merit and note that substantial delays…