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181676P.pdf   03/21/2019  United States  v.  Casey Fogg
   U.S. Court of Appeals Case No:  18-1676
   U.S. District Court for the District of South Dakota - Rapid City   
   [PUBLISHED] [Loken, Author, with Erickson, Circuit Judge, and Magnuson, 
   District Judge] 
   Criminal case - Criminal law. Defendant's failure to file a timely 
   pretrial motion under Fed. R. Crim. P. 12(b)(3) foreclosed each of the 
   defective indictment issues he seeks to raise on appeal; Speedy Trial Act 
   argument rejected; the court declines defendant's invitation to adopt a 
   new rule giving preference to his assertion of his speedy trial rights 
   over the wishes of his attorney and the court; in this firearm prosecution 
   the district court did not err in admitting evidence regarding the drugs 
   seized at the time of defendant's arrest as the evidence was clearly 
   intrinsic to the charged offense.