United States v. Michael Lawrence Pollock

Michael Lawrence Pollock appeals from convictions on thirty-seven counts arising from a conspiracy to manufacture and distribute methamphetamine. He contends that the district court improperly denied his motion to dismiss for a violation of the Speedy Trial Act, 18 U.S.C. § 3161 et seq. (“the Act”). He also argues that the district court should have granted his motion to suppress evidence he alleges was obtained pursuant to an insufficient warrant. We find that the government did not comply with the 30-day limit between arrest and indictment required by section 3161(b). We therefore vacate Pollock’s conviction for the single conspiracy count charged in the original complaint, and remand to the district court to decide whether that count should be dismissed with or without prejudice. We also reverse the district court’s ruling that Pollock did not have standing to raise his fourth amendment claim. The search warrant at issue, however, clearly met the particularity requirement. We therefore affirm Pollock’s 36 remaining convictions.

FACTS AND PROCEDURAL BACKGROUND

Surveillance of two men suspected of manufacturing methamphetamine led officers of the Federal Drug Enforcement…