Legal Opinion

United States v. John Lofranco

Court of Appeals for the Second Circuit

Decided May 6, 1987No. 975, Docket 86-1183PublishedCited by 22 opinions

1Per curiam

John LoFranco appeals from a judgment of conviction entered following his guilty plea to three counts of a six count indictment. He claims violations of the Speedy Trial Act, 18 U.S.C. § 3161 et seq., and, by virtue of a court-ordered amendment to his indictment, of his fifth amendment right to indictment by a grand jury. Finding no merit in either contention, we affirm.

First, we agree with the eleventh and fifth circuits, which have held that “violations of the defendant’s rights to a speedy trial” are nonjurisdictional and therefore waived by a guilty plea that does not include a…

2Cases cited2 opinions

  1. Andrew Edwin Tiemens, A/K/A Edward Pollard, Frank Pollard, James Stewart v. United StatesCourt of Appeals for the Eleventh Circuit · 1984
  2. United States v. Henry De William Jackson, Jr.Court of Appeals for the Fifth Circuit · 1981

3Cited by22 opinions

  1. United States v. Beech-Nut Nutrition Corp.Court of Appeals for the Second Circuit · 1989
  2. United States v. Thomas GambinoCourt of Appeals for the Second Circuit · 1995
  3. Anderson v. StateMississippi Supreme Court · 1991
  4. United States v. John CoffinCourt of Appeals for the Second Circuit · 1996
  5. Barry Lebowitz v. United StatesCourt of Appeals for the Second Circuit · 1989

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