22-1611•United States of America v. Alec Respects Nothing
22-1611Court of Appeals for the Eighth Circuit30 de set. de 2022
United States Court of Appeals
For the Eighth Circuit
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No. 22-1394
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Alec Respects Nothing
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the District of South Dakota - Western
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Submitted: September 6, 2022
Filed: September 12, 2022
[Unpublished]
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Before SHEPHERD, MELLOY, and STRAS, Circuit Judges.
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PER CURIAM.
Alec Respects Nothing received a 144-month prison sentence after a jury
found him guilty of conspiracy to distribute methamphetamine. 21 U.S.C.
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§§ 841(a)(1), 841(b)(1)(A), 846. An Anders brief suggests that the district court1
deprived him of a speedy trial. 18 U.S.C. § 3161; see Anders v. California, 386 U.S.
738 (1967). A pro se supplemental brief raises several other issues.
We conclude that there has been no violation of the Speedy Trial Act. See 18
U.S.C. § 3161(h); see also United States v. Aldaco, 477 F.3d 1008, 1017–18 (8th
Cir. 2007) (holding that there was no Speedy Trial Act problem because of
“excludable” days). Nor has there been a violation of his speedy-trial rights under
the Sixth Amendment. See U.S. Const. amend. VI; United States v. Shepard, 462
F.3d 847, 864–65 (8th Cir. 2006).
His other arguments fare no better. The district court did not abuse its
discretion in denying his motion to sever, see United States v. Clay, 579 F.3d 919,
927 (8th Cir. 2009), and nothing in the record shows that the government
vindictively sought a higher sentence because he opted for trial, see Corbitt v. New
Jersey, 439 U.S. 212, 223–24 (1978).
Finally, we have independently reviewed the record and conclude that no
other non-frivolous issues exist. See Penson v. Ohio, 488 U.S. 75, 82–83 (1988).
We accordingly affirm the judgment of the district court and grant counsel
permission to withdraw.
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1 The Honorable Karen E. Schreier, United States District Judge for the
District of South Dakota.
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