United States v. Satterwhite

Following Columbus, Ohio robberies, the government obtained an arrest warrant against Satterwhite for interstate robbery, 18 U.S.C. 1951; felon in possession of a firearm, 18 U.S.C. 922(g); and brandishing a firearm during a crime of violence, 18 U.S.C. 924(c). Satterwhite was arrested. Pursuant to 18 U.S.C. 3161 (Speedy Trial Act), “[a]ny information or indictment charging an individual with the commission of an offense shall be filed within thirty days from the date on which such individual was arrested or served with a summons.” The deadline in Satterwhite’s case was February 22, 2016. The parties filed six joint motions for waiver and to extend the period while the parties discussed a plea agreement. The court granted these motions, extending the time until August 21. On October 7, the government filed an information and an executed plea agreement, including a binding recommended sentence of 240 months. On November 29, Satterwhite was arraigned. The court accepted Satterwhite’s plea and sentenced Satterwhite to 240 months of imprisonment, noting that Satterwhite’s advisory sentencing range was 471 months. Satterwhite did not challenge the untimely filing of the information. The Sixth Circuit affirmed, rejecting an argument that the time limits for the government to file an information or indictment after arresting a defendant are jurisdictional. A defendant who fails to timely move for dismissal on the basis of an untimely indictment waives his right to move for dismissal under the speedy indictment provision. View "United States v. Satterwhite" on Justia Law