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U.S. v. HENRY

Nos. 07-4578, 07-4587.

538 F.3d 300 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Edgar HENRY, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Kimberly Henry, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: August 19, 2008.

Attorney(s) appearing for the Case

ARGUED: Brian Joseph Kornbrath, Office of the Federal Public Defender, Clarksburg, West Virginia; Charles T. Berry, Bowles, Rice, McDavid, Graff & Love, PLLC, Morgantown, West Virginia, for Appellants. Shawn Angus Morgan, Office of the United States Attorney, Clarksburg, West Virginia, for Appellee. ON BRIEF: Sharon L. Potter, United States Attorney, Wheeling, West Virginia, for Appellee.

Reversed, vacated, and remanded by published opinion. Judge MICHAEL wrote the opinion, in which Judge SHEDD and Judge FLOYD joined.

OPINION

MICHAEL, Circuit Judge:

Edgar Henry and Kimberly Henry, who entered conditional guilty pleas to one count related to marijuana growing, appeal the district court's denial of their motions to dismiss the indictment based on a violation of the Speedy Trial Act, 18 U.S.C. §§ 3161-3174. The Henrys contend, and we agree, that a 103-day continuance ordered by the district court did not comply with the strict requirements for granting an ends...

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