U.S. Court of Appeals for the Eighth Circuit, 2023

United States v. Richard Steele

U.S. Court of Appeals for the Eighth Circuit · Decided June 29, 2023

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________ No. 22-2684 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Richard Steele lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the District of North Dakota - Western ____________ Submitted: May 12, 2023 Filed: June 29, 2023 [Unpublished] ____________ Before SMITH, Chief Judge, COLLOTON and BENTON, Circuit Judges. ____________ PER CURIAM.

Richard Steele appeals after he pleaded guilty to assaulting and resisting a federal officer, in violation of 18 U.S.C. § 111(a)(1), (b). The district court1 sentenced him to 20 months’ imprisonment. On appeal, Steele argues that his right to a speedy trial was violated.

“Upon careful review, we conclude that [Steele] waived any speedy trial claim by pleading guilty.” United States v. Lacey, No. 21-3737, 2022 WL 1594528, at *1 (8th Cir. May 20, 2022) (unpublished per curiam) (citing United States v. Cox, 985 F.2d 427, 433 (8th Cir. 1993) (claim that indictment should have been dismissed for violation of the Speedy Trial Act was waived by guilty plea); Speed v. United States, 518 F.2d 75, 77 (8th Cir. 1975) (“[I]t is well settled that a plea of guilty waives any claim to denial of a speedy trial”)).2 Accordingly, we affirm.

1 The Honorable Daniel L. Hovland, United States District Judge for the District of North Dakota. 2 Steele has not argued that he did not knowingly and voluntarily enter his guilty plea, nor does the record support such an argument. See United States v. Gilkes, 529 F. App’x 804, 805 (8th Cir. 2013) (unpublished per curiam) (“Because Gilkes’s plea was voluntary, his speedy-trial claim is waived.”); United States v. Seay, 620 F.3d 919, 922 (8th Cir. 2010) (recognizing “that a voluntary plea of guilty constitutes a waiver of all non-jurisdictional defects, and the right to a speedy trial is non- jurisdictional in nature” (cleaned up)); Cox v. Lockhart, 970 F.2d 448, 453 (8th Cir. 1992) (stating that a knowingly and voluntarily entered guilty plea waives a defendant's right to a speedy trial).

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