United States v. Clifford Leo Paschall, Jr.

Bad Law
93 Daily Journal DAR 3210·988 F.2d 972·1993 WL 64273·1993 U.S. App. LEXIS 4418·93 Cal. Daily Op. Serv. 1788
United States Court of Appeals for the Ninth CircuitMarch 11, 199391-30306California1,412 words

Opinion

Opinion

Nelson, J.

Clifford L. Paschall, Jr. appeals his conviction, following a bench trial, and his sentence under the Sentencing Guidelines for attempted possession of cocaine with intent to distribute in violation of 21 U.S.C. § 841 (a)(1) (1988) and carrying a firearm during a drug trafficking offense in violation of 18 U.S.C. § 924 (c)(1). Paschall was arrested during an aborted purchase of cocaine from a confidential informant and an undercover officer.

Two issues are raised in this appeal: (1) whether the district court erred in denying Paschall’s motion to dismiss because the Government failed to obtain an indictment within the time limit prescribed by the Speedy Trial Act ( 18 U.S.C. § 3161 ); and, (2) whether the district court erred during sentencing by failing to depart downward on the basis of outrageous governmental conduct. The district court had jurisdiction pursuant to 18 U.S.C. § 3231 . We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291 . We AFFIRM.

I

SPEEDY TRIAL ACT

A. Relevant Facts

On November 26, 1990, a complaint was filed against Paschall in federal court. The case was scheduled to go before a grand jury on December 19, 1990, but, due to a major…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.