United States v. Walter Donald Beamon, Jr., United States of America v. Jeffrey John McMillin

Walter Donald Beamon and Jeffrey John MeMillin appeal their convictions following guilty pleas for attempted possession with intent to distribute cocaine in violation of 21 U.S.C. §§ 841 (a)(1) & 846. They both argue that their convictions should be reversed because their Sixth Amendment right to a speedy trial was violated. Beamon also appeals his sentence, arguing that the district court erred in denying him a downward departure for aberrant behavior. We must decide whether a delay between indictment and arrest of 17 months in Beamon’s case or 20 months in McMillin’s case violates the Sixth Amendment right to a speedy trial under Doggett v. United States, — U.S. —, 112 S.Ct. 2686 , 120 L.Ed.2d 520 (1992). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm both convictions and Beamon’s sentence.

I

In early 1990, Beamon and MeMillin arranged to purchase cocaine from William Lee Caron. Caron, acting as a “middleman,” arranged a meeting with Beamon, MeMillin and a cocaine supplier, who in fact was an undercover Immigration and Naturalization Service agent working with Portland Police. The meeting took place on March 30, 1990, during which MeMillin was to purchase one…