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United States v. Satterwhite

United States Court of Appeals, Sixth Circuit

June 22, 2018

United States of America, Plaintiff-Appellee,
v.
Clifton A. Satterwhite, Defendant-Appellant.

          Appeal from the United States District Court for the Southern District of Ohio at Cincinnati. No. 2:16-cr-00205-1-Michael H. Watson, District Judge.

         ON BRIEF:

          CHRISTIAN J. GROSTIC, KUSHNER, HAMED & GROSTIC CO., LPA, CLEVELAND, OHIO, FOR APPELLANT.

          CHRISTOPHER K. BARNES, UNITED STATES ATTORNEY'S OFFICE, CINCINNATI, OHIO, FOR APPELLEE.

          Before: COLE, Chief Judge; CLAY and THAPAR, Circuit Judges.

          OPINION

          CLAY, Circuit Judge.

         Clifton Satterwhite ("Satterwhite") appeals from the judgment entered by the district court sentencing him to 240 months of imprisonment. Satterwhite was convicted of one count of conspiracy to violate the Hobbs Act, in violation of 18 U.S.C. § 1951(a), two counts of inference with commerce by threats or violence, in violation of 18 U.S.C. § 1951(a), and two counts of brandishing a firearm during a crime of violence, in violation of 18 U.S.C. § 924(c)(1)(A)(ii). For the reasons set forth below, we AFFIRM the judgment of the district court.

         BACKGROUND

         On January 22, 2016, the government filed a criminal complaint against Satterwhite alleging that he participated in a number of robberies in the Columbus, Ohio area. The complaint requested an arrest warrant against Satterwhite for interstate robbery, in violation of 18 U.S.C. § 1951, felon in possession of a firearm, in violation of 18 U.S.C. § 922(g), and brandishing a firearm during a crime of violence, in violation of 18 U.S.C. § 924(c). That same day, the magistrate judge issued an arrest warrant for Satterwhite, and Satterwhite was arrested.

         Pursuant to 18 U.S.C. § 3161 (the "Speedy Trial Act"), "[a]ny information or indictment charging an individual with the commission of an offense shall be filed within thirty days from the date on which such individual was arrested or served with a summons in connection with such charges." Id. § 3161(b). The original deadline for filing an information or indictment against Satterwhite was February 22, 2016. However, the parties filed six joint motions for waiver of this thirty day time period and to extend the time period for an additional thirty days. The delay resulted from the parties discussing the resolution of the case by way of filing an information and a plea agreement. The court granted all of these motions, concluding that "[t]he ends of justice served by the granting of a continuance outweigh the best interests of the public and the defendant in a speedy trial." (R. 11, 13, 15, 17, 22, 24.) See 18 U.S.C. § 3161(h)(7)(A). In doing so, the court extended the time for filing an indictment or information until August 21, 2016.

         Subsequent to the extended deadline, on October 7, 2016, the government filed an information charging Satterwhite with five counts, including one count of Hobbs Act conspiracy, in violation of 18 U.S.C. § 1951(a), two counts of Hobbs Act robbery, in violation of 18 U.S.C. § 1951(a), and two counts of brandishing a firearm during a crime of violence, in violation of 18 U.S.C. § 924(c). That same day, the government filed an executed written plea agreement pursuant to which Satterwhite pleaded guilty to all five counts of the information. In the plea agreement, the parties agreed to a binding recommended sentence of 240 months and Satterwhite agreed to waive the right to appeal his sentence.

         On November 29, 2016, Satterwhite was arraigned on the information. The court accepted Satterwhite's plea of guilty. On April 18, 2017, the district court sentenced Satterwhite to 240 months of imprisonment in accordance with the plea agreement, but noted that Satterwhite's advisory sentencing range was 471 months. Satterwhite did not challenge the government's untimely filing of the information before the district court.

         On April 25, 2017, Satterwhite filed his notice of appeal. On appeal, Satterwhite argues that the district court lacked jurisdiction over his case because the time limits for the government to file an information or indictment after arresting a defendant are jurisdictional and the government ...


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