Sandon

MEMORANDUM **

Appellant Mark Louis Sandon appeals his conviction and sentence for being a felon in possession of a firearm. He was indicted three times on that charge; the first two indictments were dismissed without prejudice due to government errors. Following a jury trial on the third indictment, Sandon was convicted and sentenced to 210 months of imprisonment, a term enhanced by the Armed Career Criminal Act (ACCA) provisions of 18 U.S.C. § 924 (e)(1).

Sandon argues first that the district court erred in dismissing the second indictment without prejudice. A decision to dismiss a case without prejudice under the Speedy Trial Act is reviewed for abuse of discretion. United States v. White, 864 F.2d 660, 661 (9th Cir.1988).

In determining whether to dismiss with prejudice or without prejudice, the district court must consider three factors: “[1] the seriousness of the offense; [2] the facts and circumstances of the case which led to the dismissal; and [3] the impact of a reprosecution on the administration of this chapter and on the administration of justice.” 18 U.S.C. § 3162 (a)(1).

When making this determination, the district court must conduct a hearing on notice, make…