United States v. Cephas

937 F.2d 816
CourtCourt of Appeals for the Second Circuit
DecidedJune 28, 1991
DocketNos. 1849 to 1855, Dockets 90-1318 to 90-1323 and 90-1369
StatusPublished
Cited by42 cases

This text of 937 F.2d 816 (United States v. Cephas) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Cephas, 937 F.2d 816 (2d Cir. 1991).

Opinion

GEORGE C. PRATT, Circuit Judge:

These appeals arise from the convictions of six defendants involved in a major drug and firearms operation centered in Sarato-ga Springs, New York. Defendant-appellants appeal from judgments of conviction entered in the United States District Court for the Northern District of New York, Con. G. Cholakis, Judge. They raise numerous issues on their appeals, all of which we have considered, but none of which merits reversal. The government cross-appeals, claiming error in the sentencing. We also find no merit in this claim. Thus, we affirm the judgments of conviction in all respects. Three of the issues warrant discussion: (1) the detainer act issues raised by Harris and Taylor, (2) the speedy trial act issue raised by Cephas, and (3) the sufficiency of the indictment and bill of particulars issues raised by Harris.

BACKGROUND

The government filed a 31-count superseding indictment on June 28, 1988, charging twelve individuals, including the six appellants, with violations of federal drug and firearms laws. Orville Cephas [818]*818and Ian Harris were charged with engaging in a continuing criminal enterprise, in violation of 21 U.S.C. § 848; all the defendants were charged with conspiracy to possess crack cocaine, cocaine powder, heroin, and marijuana with intent to distribute, in violation of 21 U.S.C. § 846; various defendants were charged with distribution of cocaine powder or crack cocaine, in violation of 21 U.S.C. § 841(a)(1); and various defendants were charged with the use or carriage of a firearm in relation to drug trafficking, in violation of 18 U.S.C. § 924(c).

Eight of the defendants charged in the indictment, including the six appellants, were tried jointly. The jury acquitted two of all charges filed against them. Ian Harris, Nigel Blythe, and Mark Lewin were convicted on all the charges filed against them. Orville Cephas was acquitted of one of the counts charging him with distribution of cocaine powder or crack cocaine in violation of 21 U.S.C. § 841(a)(1), but he was convicted of all the other charges brought against him. Michael Taylor was acquitted of one of the counts charging him with use or carriage of a firearm in relation to drug trafficking in violation of 18 U.S.C. § 924(c), but he was convicted of all the other charges brought against him. Andrew White was acquitted of two of the counts charging him with distribution of cocaine powder or crack cocaine in violation of 21 U.S.C. § 841(a)(1), but he was convicted of all the others.

DISCUSSION

A. Detainer Act Issues

Both the Interstate Agreement on De-tainers Act, 18 U.S.C.App., pp. 585-620 (1985 ed.), (the “detainer act”), and the Speedy Trial Act of 1974, 18 U.S.C. § 3161 et seq., (the “speedy trial act”), provide time frames in which the government must bring criminal defendants to trial. The two acts contain differing time limits, use differing language, and have differing events to trigger the relevant clocks. However, both acts allow their specified time limits to be tolled — the detainer act provides a general tolling provision, see 18 U.S.C.App., Art. Ill & IV, while the speedy trial act enumerates specific exclusions, see 18 U.S.C. § 3161(h). This case raises the general question of how the two acts are to be interpreted when they are both implicated, and more specifically, whether the events that trigger tolling periods under the two statutes should be the same.

In 1970, Congress enacted the detainer act for the purpose of “ ‘encouraging] the expeditious and orderly disposition of * * * charges [outstanding against a prisoner] and determination of the proper status of any and all detainers based on untried indictments, informations, or complaints.’ ” United States v. Mauro, 436 U.S. 340, 343, 98 S.Ct. 1834, 1839, 56 L.Ed.2d 329 (1978) (quoting 18 U.S.C.App., Art. I). The act contains two central provisions: First, article III “provides a procedure by which a prisoner against whom a detainer has been filed can demand a speedy disposition of the charges giving rise to the detainer.” Mauro, 436 U.S. at 351, 98 S.Ct. at 1842. If the prisoner requests a speedy disposition, the government must bring him to trial within 180 days. Second, article IV “provides the means by which a prosecutor who has lodged a detainer against a prisoner in another State can secure the prisoner's presence for disposition of the outstanding charges.” Id. The detainer act is implicated when the prosecutor files a de-tainer against a prisoner. After a detainer is filed and the prosecutor, by presenting “a written request for temporary custody or availability”, Art. IV(a), brings the prisoner to the receiving state for prosecution, the government must bring him to trial within 120 days. Art. IV(c).

Both these provisions, however, allow the applicable time periods to be tolled: “[F]or good cause shown in open court, the prisoner or his counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance.” 18 U.S.C.App., Art. 111(a) & IV(c). To provide further understanding of the “for good cause shown” standard, Article VI states that “[i]n determining the duration and expiration dates of the time periods provided in articles III and IV of this [819]*819agreement, the running of said time periods shall be tolled whenever and for as long as the prisoner is unable to stand trial, as determined by the court having jurisdiction of the matter.” 18 U.S.C.App., Art. VI.

Five years after enacting the detainer act, congress enacted the speedy trial act, 18 U.S.C. § 3161, et seq. The central provision of the speedy trial act requires the government to bring a defendant to trial within 70 days from the date the information or indictment is filed or from the date the defendant appears before a judicial officer, whichever date last occurs. 18 U.S.C. § 3161(c)(1). Like the detainer act, the speedy trial act was also enacted to protect the defendant’s interest in obtaining a prompt disposition of charges against him. However, in addition to protecting the interests of a defendant, the purposes of the speedy trial act extend beyond those of the detainer act, and protect as well the interests of society and of the government in obtaining prompt disposition of criminal charges.

In enacting the speedy trial act, congress perceived strong policy reasons for requiring a defendant’s trial within 70 days.

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Bluebook (online)
937 F.2d 816, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-cephas-ca2-1991.