United States v. Smith

MEMORANDUM **

Defendant Ray Smith (“Smith”) was indicted for interference with commerce by *183 robbery (the “Hobbs Act”) ( 18 U.S.C. § 1951 ), use of a firearm during and in relation to a crime of violence ( 18 U.S.C. § 924 (c)(1)), and possession of a firearm by a felon ( 18 U.S.C. §§ 922 (g)(1) & 924(a)(2)). The district court dismissed the indictment without prejudice under the anti-shuttling provisions of the Interstate Agreement on Detainers Act (“LADA”), 18 U.S.CApp. 2 §§ 2, art. LV(e) & 9(1). Following re-indictment, a jury convicted Smith on all three counts.

Smith appeals the district court’s refusal to dismiss his first indictment with prejudice, claiming that the district court failed to consider the effect that one of section 9(l)’s three factors — the “seriousness of the [defendant’s] offense” — had on its decision to dismiss without, as opposed to with, prejudice. Id. § 9(1). We find no abuse of discretion in the district court’s dismissal of the indictment without prejudice. United States v. Kurt, 945 F.2d 248, 252 (9th Cir.1991).

The district court discussed section 9(l)’s three-factor standard in its June 7, 2002 Order setting Smith’s motion for hearing, and…