United States v. Cousins

Defendant-Appellant William John Yehling was tried and convicted in the United States District Court for the District of Colorado of conspiracy to distribute and to possess with intent to distribute methamphetamine. He was sentenced to eighteen months imprisonment followed by three years supervised release. Shortly after the district court entered judgment, Yehling filed a motion for a new trial based on newly discovered evidence. The district court denied the motion approximately four years later. While the motion was pending, Yehling was free on a personal recognizance bond. Yehling raises two issues on appeal. First, he challenges the sufficiency of the evidence supporting his conviction. Second, he argues the district courts delay in deciding his motion for a new trial deprived the court of jurisdiction and constituted a denial of Yehlings right to a speedy trial and due process of law. This court exercises jurisdiction pursuant to 18 U.S.C. § 1291. We conclude Yehling failed to timely assert his speedy trial and due process rights and did not allege substantial prejudice resulting from the district courts delay in deciding his motion for a new trial. His unreasonable delay claims are therefore denied. We further affirm Yehlings conviction.