By: WISCONSIN LAW JOURNAL STAFF//October 14, 2022//
7th Circuit Court of Appeals
Case Name: United States of America v. Roman T. Lloyd
Case No.: 22-1126
Officials: FLAUM, BRENNAN, and SCUDDER, Circuit Judges
Focus: Speedy Trial Act
This appeal concerns a violation of the Speedy Trial Act that occurred due to delays transporting Roman Lloyd to his mental competency evaluation. The government conceded that over seventy nonexcludable days elapsed, and the district court dismissed the case. However, the district court exercised its discretion to dismiss it without prejudice. As a result, the government promptly brought the same charges again. Lloyd pleaded guilty but reserved his right to challenge the district court’s decision not to dismiss the original indictment with prejudice.
In this case, the discussions between counsel and the court at the motion to dismiss hearing demonstrate the court’s sufficient consideration and application of all the factors within the Act. The district court did not abuse its discretion in dismissing Lloyd’s indictment without prejudice.
Affirmed
Decided 10/07/22