United States v. Kevin P. McKinney

BRIGHT, Circuit Judge.

The government filed an indictment against appellant Kevin P. McKinney, charging him with being a felon in possession of a firearm. McKinney requested a speedy trial under the Interstate Agreement on Detainers Act (IADA). That Act required that his case must be brought to trial within 180 days. After the 180-day time limit had expired without being brought before the federal court, McKinney filed a motion to dismiss. The magistrate judge 1 held a hearing and recommended that the district court dismiss the indictment without prejudice. The district court 2 agreed and…