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.
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.
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.
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.
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.
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.
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.
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