No. 06-1785.

474 F.3d 1027 (2007)

UNITED STATES of America, Appellee, v. Terrence K. GLADNEY, also known as D.J., Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: February 2, 2007.

Attorney(s) appearing for the Case

Raphael M. Scheetz, argued, Cedar Rapids, IA, for appellant.

Charles J. Williams, argued, Cedar Rapids, IA (Rebecca Goodgame Ebinger, Special Asst. U.S. Attorney, Cedar Rapids, IA, on the brief), for appellee.

Before WOLLMAN, RILEY, and GRUENDER, Circuit Judges.

RILEY, Circuit Judge.

Terrence Gladney (Gladney) was charged with conspiracy to distribute crack cocaine and distribution of crack cocaine, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(B)-(C), and 846. After trial commenced, and just before closing arguments, Gladney made an oral motion to dismiss the indictment, arguing the government's nineteen-month delay in bringing his federal indictment had resulted in a due process violation. The district court...

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