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UNITED STATES v. VELASQUEZ

No. 20-4514.

52 F.4th 133 (2022)

UNITED STATES of America, Plaintiff-Appellee, v. Enil Ramon Montoya VELASQUEZ, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: October 25, 2022.

Attorney(s) appearing for the Case

ARGUED: Anne Margaret Hayes , Cary, North Carolina, for Appellant. William Connor Winn , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee. ON BRIEF: Kenneth A. Polite, Jr. , Assistant Attorney General, Lisa H. Miller , Acting Deputy Assistant Attorney General, Criminal Division, Appellate Section, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.; G. Norman Acker, III , Acting United States Attorney, David A. Bragdon , Assistant United States Attorney, Chief, Appellate Division, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.

Reversed, vacated in part, and remanded by published opinion. Judge Agee wrote the opinion in which Judge Harris and Senior Judge Motz joined.

Enil Ramon Montoya Velasquez appeals his convictions for two drug-related offenses, asserting that his jury trial on those charges did not occur within the timeframe established by the Speedy Trial Act. See 18 U.S.C. §§ 3161(c)(1), 3162(a)(2). He also challenges his sentence, arguing that the district court...

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