United States v. James Schweda

MEMORANDUM

Appellant James Nathan Schweda (Schweda) challenges his convictions and sentence for conspiracy to distribute lyser- gic acid diethylamide (LSD) and distribution of LSD.

1. The district court properly denied Schweda’s motion to dismiss the indictment because the government’s conduct was not “so grossly shocking and so outrageous as to violate the universal sense of justice.... ” United States v. Stinson, 647 F.3d 1196, 1209 (9th Cir.2011), as amended (citation omitted). Any misstatements made during the first grand jury proceeding were corrected in the second grand jury proceeding that was completely redone. Dismissal of the indictment was not warranted. See id.

2. Schweda waived his Speedy Trial Act claim “by failing to move for dismissal before trial.... ” United States v. Rodriguez-Preciado, 399 F.3d 1118, 1132 (9th Cir.2005), as amended, 416 F.3d 939 (9th Cir.2005) (citations omitted). Even if he did not, his right to a speedy trial was not violated. Schweda consented to the continuance and failed to demonstrate the requisite prejudice. See United States v. Drake, 543 F.3d 1080, 1085-86 (9th Cir.2008).

3. The evidence was sufficient to support Schwaeda’s…