United States v. Berry
United States v. Berry
Opinion of the Court
OPINION
James Gilbert Berry was convicted of conspiracy to distribute 500 grams or more of methamphetamine and sentenced to 360 months of imprisonment. On appeal, he raises three issues. For the reasons that follow, we affirm.
First, Berry alleges that the delay between his indictment and trial exceeded seventy days, and thus, his indictment should have been dismissed under the Speedy Trial Act. 18 U.S.C.A. § 3161(c)(1) (West Supp. 2003). This claim fails, however, as the time that his co-defendants’ pretrial motions were pending is excluded from the Speedy Trial Act for all defendants in the same action. 18 U.S.C. § 3161(h)(1)(F); United States v. Jarrell, 147 F.3d 315, 316 (4th Cir. 1998); United States v. Sarno, 24 F.3d 618, 622 (4th Cir. 1994). Because this time was properly excluded from the calculation, there was no violation of the Act. Henderson v. United States, 476 U.S. 321, 326, 106 S.Ct. 1871, 90 L.Ed.2d 299 (1986).
Second, we do not find that the district court clearly abused its discretion by denying Berry’s motion for a mistrial. United States v. Seeright, 978 F.2d 842, 849 (4th Cir. 1992). The testimony to which he objected was vague and isolated, and we do not find that the district court abused its broad grant of discretion in its ruling on the matter. United States v. Dorlouis, 107 F.3d 248, 257 (4th Cir. 1997).
Finally, we do not find that the district court clearly erred in its calculation of drug quantity for purposes of sentencing. United States v. Randall, 171 F.3d 195, 210 (4th Cir. 1999); United States
Accordingly, we affirm Berry’s conviction and sentence. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.
AFFIRMED
Reference
- Full Case Name
- United States v. James Gilbert BERRY
- Cited By
- 3 cases
- Status
- Published