193108P.pdf   04/02/2021  United States  v.  Adan Flores-Lagonas
   U.S. Court of Appeals Case No:  19-3108
   U.S. District Court for the District of Minnesota   
   [PUBLISHED] [Chief Judge Smith, Author, with Loken and Gruender, Circuit 
   Judges] 
   Criminal Case - conviction and sentence. After pleading guilty to being a 
   felon in possession of a firearm and ammunition, Flores-Lagonas appeals 
   denial of motion to suppress, motion to dismiss indictment for alleged 
   police perjury and Sixth Amendment and Speedy Trial Act violations. During 
   a controlled delivery of methamphetamine, Flores-Lagonas fled and a chase 
   ensued; he was apprehended and two loaded handgun magazines seized from 
   his person and a gun from the vehicle. Four years later he pleaded guilty. 
   Motion to suppress was denied, as even in absence of reasonable suspicion 
   for initial stop, officers had probable cause to arrest. After lengthy 
   proceedings, including multiple competency proceedings, the district court 
   concluded no Speedy Trial Act or Sixth Amendment violation. Officers did 
   not seize Flores-Lagonas in his vehicle because he did not submit to show 
   of authority, but officers had probable cause to arrest him for fleeing, 
   failing to stop, and reckless driving. Thus the arrest and subsequent 
   search did not violate the Fourth Amendment. The district court did not 
   abuse its discretion in denying reconsideration based on allegation of 
   police perjury and no convincing evidence of perjury was presented. As for 
   Speedy trial claims, four year delay is presumptively prejudicial, but the 
   defense cause most of the delay and the government's delays were not in 
   effort to hamper the defense and was reasonably justified; assertions of 
   prejudice lacked specific facts. Excluding times permitted by law, the 
   Speedy Trial Act was not violated.