Roberts

MEMORANDUM **

Johnathon Roberts appeals from his conviction for conspiracy to kidnap, kidnapping, and carrying a firearm during a crime of violence. Roberts argues the district court erred in denying his motion to dismiss the indictment based upon an alleged Speedy Trial Act violation and an alleged violation of his Sixth Amendment right to a speedy trial. Roberts also argues the district court erred in denying his motion to suppress an incriminating video found on a cell phone that was seized during a warrantless search of Roberts’ vehicle. Finally, Roberts contends that it was plain error for the district court to fail to correct statements made by the prosecutor during his summation, which could have been interpreted by jurors to mean that Roberts was not entitled to a presumption of innocence. We affirm.

A district court’s decisions on both a Speedy Trial Act claim and a Sixth Amendment speedy trial right claim are reviewed de novo. United States v. Sutcliffe, 505 F.3d 944, 956 (9th Cir.2007). The district court’s underlying factual findings are reviewed for clear error. Id.

Although 467 days elapsed between the filing of the first indictment on May 11, 2005, and the trial…