U.S. v. SPEROW

No. 05-30483.

494 F.3d 1223 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Gregory Frank SPEROW, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 26, 2007.


Attorney(s) appearing for the Case

Doron Weinberg, Weinberg & Wilder, San Francisco, CA, for the defendant-appellant.

Karin J. Immergut, United States Attorney, Jonathan S. Haub (argued), Assistant United States Attorney, Portland, OR, for the plaintiff-appellee.

Before: WARREN J. FERGUSON, DIARMUID F. O'SCANNLAIN and RAYMOND C. FISHER, Circuit Judges.


Opinion by Judge FISHER; Dissent by Judge O'SCANNLAIN.

FISHER, Circuit Judge:

Gregory Sperow appeals his conviction for possession of marijuana with intent to distribute, asserting that the post-indictment delay in his arrest amounted to a violation of his Sixth Amendment right to a speedy trial. Sperow also appeals an enhancement of his sentence, arguing that it was improperly based on a prior conviction not proven to the jury or admitted by the defendant...

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