United States v. James Allen, II

FILED

NOT FOR PUBLICATION

MAY 16 2022

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 21-10060

Plaintiff-Appellee, D.C. No. 4:20-cr-00300-HSG-1 v.

JAMES DAVID ALLEN II, MEMORANDUM*

Defendant-Appellant.

Appeal from the United States District Court for the Northern District of California Haywood S. Gilliam, Jr., District Judge, Presiding

Argued and Submitted December 6, 2021 San Francisco, California

Before: LUCERO,** IKUTA, and VANDYKE, Circuit Judges.

A jury convicted James Allen II of being a felon in possession of a firearm

in violation of 18 U.S.C. § 922(g)(1). Allen appeals the district court’s denial of

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Carlos F. Lucero, United States Circuit Judge for the U.S. Court of Appeals for the Tenth Circuit, sitting by designation. his motion to dismiss the indictment under the Speedy Trial Act, 18 U.S.C. § 3161.

We have jurisdiction under 28 U.S.C. § 1291, and we…