172004P.pdf   06/27/2018  United States  v.  Frank Washington
   U.S. Court of Appeals Case No:  17-2004
   U.S. District Court for the Northern District of Iowa - Dubuque   
   [PUBLISHED] [Shepherd, Author, with Smith, Chief Judge, and Melloy, 
   Circuit Judge] 
   Criminal case - Criminal law and Sentencing. Speedy Trial Act claim 
   rejected; the "gilding exception" does not apply to the Speedy Trial Act; 
   in any event, a later-indicted charge which contains different elements 
   than the charge in the initial complaint (the case here) is not subject to 
   dismissal under the gilding exception; defendant's sentence was not 
   substantively unreasonable as the district court did not abuse its 
   discretion in balancing and weighing the 3553(a) factors; Special 
   Condition of defendant's supervision dealing with gang contact and 
   association was unconstitutionally vague for three reasons: (1) the term 
   gang is undefined, (2) the term "associate member" lacks specific meaning, 
   and (3)the presumption that defendant's association is for gang purposes 
   if any of the persons he associates with are wearing gang colors violates 
   the Supreme Court's admonition that association should not be read to 
   include incidental contacts; the condition is vacated and the matter is 
   remanded to permit the district court to review the court's directions and 
   refashion a new condition, if appropriate.