United States v. Cornelius

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ARGUED APRIL 13, 2010

Before WILLIAMS, SYKES, and TINDER, Circuit Judges.

In June 2005, Michael Cornelius was charged in Wisconsin state court with possession with intent to distribute a controlled substance. Two speedy trial demands and seven scheduled trial dates later, his state case was dismissed on October 16, 2006. The very next day, Cornelius was indicted federally for possession with intent to distribute more than five grams of crack cocaine, beginning his odyssey through the federal system. On March 11, 2009, after more delays and two more mistrials, Cornelius moved to dismiss his indictment on Speedy Trial Act, 18 U.S.C. § 3161 et seq., constitutional speedy trial, and double jeopardy grounds. His speedy trial-based claims were premised on the lengthy delays in the government’s prosecution of the case against him. His double jeopardy claim asserted that during his second trial, the prosecutor had goaded him into moving for a mistrial in order to rescue a case that was going badly in order to get another shot at prosecuting him. The district court denied Cornelius’s motion on constitutional speedy trial and double jeopardy grounds, but granted his motion under the Speedy Trial Act, dis-missing the indictment without prejudice. Cornelius, who was reindicted on June 23, 2009, appeals all three aspects of the district court’s ruling. He appeals the denial of his motion to dismiss on double jeopardy and constitutional speedy trial grounds, and appeals the dismissal on Speedy Trial Act grounds, arguing that the dismissal should have been with prejudice, not without.

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