Sylvester v. United States

Sylvester was indicted on February 26, 2003. There were multiple superseding indictments. Sylvester went to trial on September 13, 2005 and was convicted of possession with intent to distribute five kilograms or more of cocaine, possession with intent to distribute five grams or more of cocaine base, possession of a firearm in furtherance of a drug-trafficking offense, felon in possession of a firearm, possession of marijuana, possession with intent to distribute oxycodone, diazepam, hydrocodone, and codeine, using interstate travel to acquire and transport five kilograms of cocaine, traveling in interstate commerce to acquire five kilograms of cocaine, and conspiracy to distribute and possess with the intent to distribute five kilograms or more of cocaine. The Sixth Circuit affirmed. Sylvester moved to vacate his sentence (28 U.S.C. 2255), arguing that his trial and appellate counsel rendered ineffective assistance in failing to pursue Speedy Trial Act claims. The district court dismissed, finding that Sylvester failed to show that he was prejudiced. The Sixth Circuit affirmed. Because the Speedy Trial Act was violated and those violations would have led to a dismissal of the charges brought under the First and Second Superseding Indictments, Sylvester’s counsel rendered deficient performance, however, there is no evidence of prosecutorial bad faith and Sylvester did not show that the court would have dismissed the charges with prejudice. View "Sylvester v. United States" on Justia Law