United States v. Berry

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…