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U.S. v. FERREIRA

No. 09-5903.

665 F.3d 701 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. John FERREIRA, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 30, 2011.

Attorney(s) appearing for the Case

ARGUED: Steven G. Moore , Fort Oglethorpe, Georgia, for Appellant. Scott A. Winne , Assistant United States Attorney, Chattanooga, Tennessee, for Appellee. ON BRIEF: Steven G. Moore , Fort Oglethorpe, Georgia, for Appellant. Scott A. Winne , Assistant United States Attorney, Chattanooga, Tennessee, for Appellee.

MARBLEY, D.J., delivered the opinion of the court, in which MOORE, J., joined. KETHLEDGE, J. (pp. 709-11), delivered a separate dissenting opinion.

OPINION

ALGENON L. MARBLEY, District Judge.

Defendant-Appellant John Ferreira is serving a term of imprisonment of 110 months following a plea of guilty to conspiracy to distribute 500 grams or more of methamphetamine. On appeal, Ferreira argues that the district court erred in four respects: (1) by finding that Ferreira's Sixth Amendment right to a speedy trial was not violated; (2) by finding that the Speedy Trial Act did not authorize dismissal of his...

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