United States v. Michael Tryals

MEMORANDUM

Appellant Michael Dwayne Tryals was convicted of conspiracy to distribute crack cocaine, in violation of 21 U.S.C. §§ 841 (a)(1) and 846. Tryals now challenges on appeal the denial of his motion to dismiss the indictment based on pretrial delay in violation of the Speedy Trial Act, 18 U.S.C. § 3161 , as well as the district court’s admission at trial of his statements providing his alias and state of birth during a post-arrest, pre-Miranda interview. We affirm the district court. The salient facts are known to the parties and need not be recited here.

First, the district court properly concluded that only 54 days of non-excludable time had elapsed between May 6, 2008, the date Tryals’s last co-defendant was arraigned, and March 15, 2010, the date Tryals orally made his motion to dismiss for a Speedy Trial Act violation. The district court reasoned that the remaining time had been tolled by Tryals’s pending discovery motion, which was filed prior to the last co-defendant being arraigned and resulted in tolling the clock from the date of filing until the hearing on the motion at the status conference on January 19, 2010. That motion was noticed for a hearing by Tryals,…