In U.S. v. Schier, No. 05-11838 (Jan. 31, 2006), the Court (Dubina, Hull, Marcus), reviewing the conviction of a defendant of possessing a concealed dangerous weapon – an icepick – on an aircraft, rejected Speedy Trial Act violations and challenges to the sufficiency of the evidence.
The defendant claimed that the Speedy Trial Act was violated, because the trial commenced within 30 days of the issuance of the second superseding indictment, in violation of 18 U.S.C. § 3161(c), which provides that a trial shall not commence less than 30 days from the date on which the defendant first appears through counsel. The Court pointed out that in U.S. v. Rojas-Contreras, 474 U.S. 231 (1985), the Supreme Court held that the 30-day trial preparation period did not begin to run (again) from the date of filing a superseding indictment. Here, the timing of the trial did not violate the Act.
The Court also found sufficient evidence to sustain the conviction, noting that Schier conceded during her testimony that she tried to hide the icepick while on the plane, testimony confirmed by two fellow passengers.
The Court also rejected challenges under the Jencks Act, noting that the Act does not apply to the statements of non-testifing witnesses, and further, that counsel did not request production of other notes, as required by 18 U.S.C. § 3500(b).
