U.S. v. Trudeau

Federal 7th Circuit Court
Criminal Court
Speedy Trial
Citation
Case Number: 
No. 14-1869
Decision Date: 
February 5, 2016
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed

In prosecution on criminal contempt charge arising out of defendant’s misrepresentations on T.V. infomercials about his weight loss book that, according to govt., violated terms of prior Dist. Ct. order, Dist. Ct. did not err in denying defendant’s motion to dismiss his case under Speedy Trial Act (Act) under circumstances where: (1) 214 non-excluded days had elapsed from govt. agreement to prosecute first show cause order that contained penalty cap of no more than six months; and (2) Dist. Ct. then withdrew initial show cause order and issued second show cause order that contained no penalty limit, which ultimately resulted in guilty verdict and 10-year sentence. Act did not apply to first charge since maximum penalty of six months was akin to Class B misdemeanor that is not subject to Act. Moreover, while Act applied to second contempt charge, there was no violation, since trial occurred within 70 non-excludable days from govt.‘s agreement to prosecute second show cause order, and since applicable 70-day period never started on first show cause order.