Tuesday, January 03, 2012

Another preservation cautionary tale.

U.S. v. Seals, 2011 WL 6188699 (12/14/11) (Ut.) (unpub'd) - The defendant waived his right to challenge the district court's denial of his pretrial motion to dismiss under the Speedy Trial Act because he sought dismissal for different reasons below than he pressed on appeal. And in a footnote the 10th suggests that a defendant might lose his option to supplement the appeal record if he moves to supplement only after the government has observed in its answer brief that certain parts of the district court record are not in the appeal record.


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