Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Help support the publication of case reports on MoreLaw
UNITED STATES OF AMERICA v. JULIUS GREER a/k/a “POONY”
Case Number: 17-1996
Judge: Theodore Alexander McKee
Court: UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
Philadelphia, PA - Criminal defense lawyer represented defendant with a certiorari review.
We previously affirmed Julius Greer’s conviction and held that he was not entitled
to relief even though his rights under the Speedy Trial Act were violated. After reviewing
the record for plain error, we found “nothing in the record to suggest that the district
court’s erroneous decision to grant the government’s moot continuance request affected
the outcome of this case.”1
While Greer’s petition for certiorari review of that decision was pending before
the Supreme Court, we issued a precedential opinion in United States v. Reese.
2 In Reese,
we concluded that a violation of the Speedy Trial Act must result in dismissal of the
indictment because “[t]he remedy provision of the Act leaves no room for a prejudice or
harmless error analysis.”3 Accordingly, we granted Greer’s subsequent petition to recall
the mandate denying relief in this case and granted panel rehearing.
Our precedential decision in Reese now controls our review of Greer’s appeal.
Since we held in Reese that a violation of the Speedy Trial Act requires reversal, it is
clear that Greer’s conviction is not subject to plain error review. Accordingly, Greer’s
conviction must be vacated.
Outcome: For the foregoing reasons, we will vacate Greer’s conviction and remand for
dismissal of the indictment.