United States v. Clifford Leo Paschall, Jr.
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…