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U.S. v. CHERRY

No. 12-4263.

720 F.3d 161 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Marco Antrione CHERRY, Jr., a/k/a Marco Antrione Cherry, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: June 13, 2013.

Attorney(s) appearing for the Case

ARGUED: Caroline Swift Platt , Office of the Federal Public Defender, Alexandria, Virginia, for Appellant. Sherrie Scott Capotosto , Office of the United States Attorney, Norfolk, Virginia, for Appellee. ON BRIEF: Michael S. Nachmanoff , Federal Public Defender, Alexandria, Virginia; Richard J. Colgan , Assistant Federal Public Defender, Office of the Federal Public Defender, Norfolk, Virginia, for Appellant. Neil H. MacBride , United States Attorney, Alexandria, Virginia, for Appellee.

Affirmed by published opinion. Judge DUNCAN wrote the opinion, in which Judge WILKINSON and Judge WYNN joined.

DUNCAN, Circuit Judge:

Marco Cherry appeals his conviction of various firearm and drug crimes, arguing that the Speedy Trial Act required that his indictment be dismissed as untimely and that the district judge plainly erred in revealing details of his criminal history before the jury was polled. We determine that the Speedy Trial Act precludes dismissal of an untimely indictment when a defendant fails to move for dismissal prior to trial. Next, we find that although...

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