191610P.pdf   03/09/2021  United States  v.  Rene Johnson
   U.S. Court of Appeals Case No:  19-1610
   U.S. District Court for the District of North Dakota - Bismarck   
   [PUBLISHED] [Smith, Author, with Loken and Gruender, Circuit Judges] 
   Criminal case - Criminal law. The district court erred in continuing 
   defendant's trial because of the scheduling conflicts resulting from a 
   crowded docket; as a result, the length of that delay is not excludable 
   for Speedy Trial Act purposes, and a Speedy Trial Act violation occurred; 
   the appropriate remedy in this case is to remand the matter to permit the 
   district court to determine in the first instance whether to dismiss the 
   indictment with or without prejudice by applying the factors set forth in 
   18 U.S.C. Sec. 3162(a)(2); the delay did not violate defendant's Sixth 
   Amendment speedy trial rights, and the district court did not err in 
   denying defendant's Sixth Amendment claim; Judge Loken, concurring.