U.S. v. CARDONA

No. 01-20974.

302 F.3d 494 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Juan Alberto CARDONA, also known as Juancho, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 13, 2002.


Attorney(s) appearing for the Case

Vernon Lydell Lewis (argued) and James Lee Turner, Asst. U.S. Attys., Houston, TX, Mitchel Neurock, Laredo, TX, for Plaintiff-Appellee.

Thomas Donald Moran (argued), Schneider & McKinney, Houston, TX, for Defendant-Appellant.

Before JOLLY, DUHÉ and DENNIS, Circuit Judges.


PER CURIAM:

Juan Alberto Cardona appeals following his conviction for a cocaine conspiracy. He argues that the government violated the Speedy Trial Clause of the Sixth Amendment by waiting over five years to execute the warrant for his arrest. The district court found no speedy trial violation and denied defendant's motion to dismiss the indictment. We hold that the district court erred in its speedy trial analysis. We vacate the judgment of conviction and sentence...

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