United States v. Clarence Kenneth Gorman

Good Law
2003 Daily Journal DAR 99·314 F.3d 1105·2002 WL 31890836·2002 U.S. App. LEXIS 27181·2003 Cal. Daily Op. Serv. 14
United States Court of Appeals for the Ninth CircuitDecember 31, 200202-50053California5,125 words

Opinion

Opinion

Pregerson, J.

On October 19, 2001, Clarence Kenneth Gorman (“Gorman”) entered a conditional guilty plea, pursuant to FED. R. CRIM. P. 11(a)(2), to possession of a counterfeit postal key, in violation of 18 U.S.C. § 1704 . Gorman now appeals the two issues he reserved for review: the District Court’s denial of his motion to suppress certain evidence and the denial of his motion to dismiss based on the Speedy Trial Act, 18 U.S.C. § 3161 . Gorman argues that the District Court erred by not suppressing evidence police officers seized upon entering a third-party residence pursuant to an arrest warrant for Gorman. In addition, Gorman argues that his Speedy Trial Act rights were violated as over 90 days ran on the Speedy Trial clock and, therefore, the district court erred by not dismissing the indictment.

We have jurisdiction under 28 U.S.C. § 1291 , and we affirm in part, reverse in part, and remand for further proceedings consistent with this opinion.

I. FACTUAL AND PROCEDURAL BACKGROUND

Before dawn, on November 6, 2000, while it was still dark outside, Helen An-zelmo Vestle heard loud banging noises outside her home on Rancho Hills Drive in San Diego, California.

Helen testified at an…

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