United States v. Clifford Jay Ballam

70 F.3d 1280 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Clifford Jay BALLAM, Defendant-Appellant. No. 94-10541. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 17, 1995. Decided Dec. 1, 1995. BEFORE: FLETCHER, POOLE, and O'SCANNLAIN, Circuit Judges FLETCHER, Circuit Judge: 1 MEMORANDUM * 2 Defendant Clifford Jay Ballam appeals his convictions for drug and firearms charges. He plead guilty but reserved for appeal speedy trial claims. He argues that prosecutorial delay violated his rights under the Speedy Trial Act, 18 U.S.C. Sec. 3161 et seq., and the Fifth and Sixth Amendments to the United States Constitution. We vacate the convictions and remand for fact finding. I. FACTS AND PRIOR PROCEEDINGS 3 After an investigation by both state of Nevada and federal law enforcement officers, state officials arrested Ballam on February 20, 1993, on state drug, theft, and firearms charges. The state of…