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                        as a courtesy to the reader. They are not part of the opinion of the court.

081269P.pdf   02/20/2009  United States  v.  John Williams
   U.S. Court of Appeals Case No:  08-1269
   U.S. District Court for the District of Minnesota - St. Paul   
   [PUBLISHED] [Murphy, Author, with Riley and Gruender, Circuit Judges]
   Criminal Case - conviction. District court's denial of motion to dismiss
   for violations of the Speedy Trial Act and Sixth Amendment is affirmed.
   Because the delay was not of such length to eliminate need to show
   particularized prejudice and there was no evidence the delay impeded
   defendant's defense or deprive him of a fair trial, there was no Sixth
   Amendment violation. Speedy Trial Act violation failed because every
   motion filed by defendant, frivolous or not and while defendant is
   represented or not, tolls the speedy trial clock. In addition, hearing 
   clause of section 3161(h)(1)(F), not prompt disposition clause of section
   3161(h)(1)(J), applied.