United States v. Tommy Walker

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, Nos. 21-10364 21-10365 Plaintiff-Appellee, D.C. Nos. v. 2:20-cr-00039-

KJM-1

TOMMY LEE WALKER, 2:20-cr-00206-

KJM-1

Defendant-Appellant.

OPINION

Appeal from the United States District Court for the Eastern District of California Kimberly J. Mueller, Chief District Judge, Presiding

Argued and Submitted November 14, 2022 San Francisco, California

Filed May 30, 2023

Before: Sidney R. Thomas and Mark J. Bennett, Circuit Judges, and Barry Ted Moskowitz,* District Judge.

Opinion by Judge Bennett

* The Honorable Barry Ted Moskowitz, United States District Judge for the Southern District of California, sitting by designation. SUMMARY**

Criminal Law

The panel affirmed Tommy Walker’s conviction for being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1) and the revocation of his supervised release in a prior case. Walker was not tried until 557 days after his indictment largely because of the COVID-19 pandemic. Over Walker’s objection, the…