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U.S. v. SUMMERS

No. 89-5560.

894 F.2d 90 (1990)

UNITED STATES of America Plaintiff-Appellee, v. Robert Perry SUMMERS Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided January 16, 1990.

Attorney(s) appearing for the Case

Harold Johnson Bender Charlotte, N.C., for defendant-appellant.

Max Oliver Cogburn, Jr., Asst. U.S. Atty. Asheville, N.C. (Thomas J. Ashcraft, U.S. Atty., Charlotte, N.C., on brief) for plaintiff-appellee.

Before MURNAGHAN and CHAPMAN, Circuit Judges, and NORTHROP, Senior District Judge for the District of Maryland, sitting by designation.

MURNAGHAN, Circuit Judge:

On May 4, 1988, a North Carolina grand jury indicted Robert Summers for dealing in firearms without a license in violation of 18 U.S.C. §§ 922(a)(1) and 924. Summers contested the indictment on the grounds that the government violated the Speedy Trial Act ("Act") because five months had passed since an initial encounter with federal agents, detailed below, during which Summers claims he was arrested. A magistrate held a hearing...

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