Opinion
22-2684
06-29-2023
United States of America Plaintiff - Appellee v. Richard Steele Defendant-Appellant
UNPUBLISHED
Submitted: May 12, 2023
Appeal from United States District Court for the District of North Dakota - Western
Before SMITH, Chief Judge, COLLOTON and BENTON, Circuit Judges.
PER CURIAM
Richard Steele appeals after he pleaded guilty to assaulting and resisting a federal officer, in violation of 18 U.S.C. § 111(a)(1), (b). The district court sentenced him to 20 months' imprisonment. On appeal, Steele argues that his right to a speedy trial was violated.
The Honorable Daniel L. Hovland, United States District Judge for the District of North Dakota.
"Upon careful review, we conclude that [Steele] waived any speedy trial claim by pleading guilty." United States v. Lacey, No. 21-3737, 2022 WL 1594528, at *1 (8th Cir. May 20, 2022) (unpublished per curiam) (citing United States v. Cox, 985 F.2d 427, 433 (8th Cir. 1993) (claim that indictment should have been dismissed for violation of the Speedy Trial Act was waived by guilty plea); Speed v. United States, 518 F.2d 75, 77 (8th Cir. 1975) ("[I]t is well settled that a plea of guilty waives any claim to denial of a speedy trial")).
Steele has not argued that he did not knowingly and voluntarily enter his guilty plea, nor does the record support such an argument. See United States v. Gilkes, 529 Fed.Appx. 804, 805 (8th Cir. 2013) (unpublished per curiam) ("Because Gilkes's plea was voluntary, his speedy-trial claim is waived."); United States v. Seay, 620 F.3d 919, 922 (8th Cir. 2010) (recognizing "that a voluntary plea of guilty constitutes a waiver of all non-jurisdictional defects, and the right to a speedy trial is non-jurisdictional in nature" (cleaned up)); Cox v. Lockhart, 970 F.2d 448, 453 (8th Cir. 1992) (stating that a knowingly and voluntarily entered guilty plea waives a defendant's right to a speedy trial).
Accordingly, we affirm.