U.S. v. Sykes

In prosecution on four counts of bank robbery, Dist. Ct. did not abuse its discretion in dismissing without prejudice said counts due to Speedy Trial Act violation instead of dismissing said counts with prejudice. Although instant delay amounted to 224 non-excludable days, decision to dismiss case without prejudice was supported by fact that: (1) instant charges were serious; (2) much of delay was based on Dist. Ct. consideration of several frivolous motions filed by pro se defendant; and (3) defendant waited to bring delay to court’s attention until time he filed instant motion to dismiss. Ct. also rejected defendant’s claim that his pretrial detention in facility that lacked prison law library violated his 5th Amendment right to meaningful access to courts where defendant declined services of appointed counsel and invoked his right to self-representation throughout time of said detention.