United States v. Cortes-Gomez

Marco Antonio Cortes-Gomez was indicted with two codefendants on counts related to a methamphetamine conspiracy (“Cortes-Gomez I”). His trial began on November 29, 2016. The interim included two superseding indictments, dismissal of the indictment and the filing of a new one with identical charges (“Cortes-Gomez II”), the addition of two codefendants, and various continuances and delays that the district court found to be excluded under the Speedy Trial Act of 1974 (“STA”). Ultimately, 329 days passed between Cortes- Gomez’s arraignment and the beginning of his trial. A jury found Cortes-Gomez guilty on both counts. He appealed, contending that the delay between his arraignment and trial violated his statutory and constitutional rights to a speedy trial. He also challenged the district court’s refusal to provide his requested jury instruction regarding accomplice testimony and its application of two sentencing enhancements. The Tenth Circuit concluded there was no violation of Speedy Trial, and the trial court record contained sufficient support for Cortes-Gomez’s conviction, and affirmed. View "United States v. Cortes-Gomez" on Justia Law