United States v. Roman Lloyd

Summary

The Seventh Circuit affirmed the district court's dismissal of an indictment without prejudice after a Speedy Trial Act violation caused by delays in transporting the defendant to a mental competency evaluation. The court held that the district court properly exercised its discretion under 18 U.S.C. § 3162(a)(2) by weighing the seriousness of the unarmed bank robbery and high-speed chase, the government's inadvertent conduct (not bad faith), and the lack of significant prejudice to the defendant. The opinion clarifies that the Transportation Exception (§ 3161(h)(1)(F)) presumptively caps excludable transport time at ten days, but dismissal without prejudice is appropriate where the government did not intentionally delay and the defendant waited passively before objecting.

Holdings

1. The district court did not abuse its discretion in dismissing the indictment without prejudice because it properly considered the three statutory factors and its decision was supported by the record.

Questions Presented

1. Whether the district court abused its discretion in dismissing the indictment without prejudice rather than with prejudice under the Speedy Trial Act.

Disposition

affirmed