United States v. Dennis Ray Kottmyer (91-5826) William Talmadge Upton (91-5827)

RALPH B. GUY, Jr., Circuit Judge.

The defendants appeal their convictions for conspiracy and attempt to possess cocaine with intent to distribute. Both defendants argue that the district court should have dismissed the charges with prejudice after finding a violation of the Speedy Trial Act, 18 U.S.C. §§ 3161, et seq. In addition, one defendant argues that the evidence was insufficient to support his conviction, and the other defendant claims that the district court sentenced him under an inapplicable statutory minimum provision. We affirm.

I

The defendants, Dennis Kottmyer and William Upton,…