Date: 08-18-2024

Case Style:

United States of America v. Tujuane Leno Lowry

Case Number: 1:22-cr-10031

Judge: Charles B. Kornmann

Court: United States District Court for the District of South Dakota (Hughes County)

Plaintiff's Attorney: United States District Court for the Pierre

Defendant's Attorney:

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Description:

Pierre, South Dakota felony possession of a firearm criminal defense lawyer represented the Defendnt.

On March 10, 2023, after the state trial date was continued, the government moved the court to unseal Lowry's federal indictment and obtained a writ of habeas corpus ad prosequendum that allowed for the transfer of Lowry from state to federal custody. Lowry appeared in federal court on March 15, one day after the writ was executed.

Lowry twice moved to dismiss the federal indictment. The first motion argued that the government failed to present him promptly to a federal magistrate judge as required by the rules of criminal procedure, violated his substantive due process rights under the Fifth Amendment, and violated his right to a speedy trial under the Sixth Amendment. The second asserted that the felon-in-possession statute, 18 U.S.C. § 922(g)(1), is unconstitutional. The district court denied both motions, and Lowry entered a conditional plea of guilty that reserved his right to appeal. The court sentenced Lowry to 84 months' imprisonment on the gun charge and entered judgment. The district court's rulings on the motions involve legal questions that we review de novo. United States v. Cooke, 853 F.3d 464, 470 (8th Cir. 2017).

Outcome: Defendant was sentenced to 84 months custody; 3 years supervised release; $100 special assessment.

Affirmed on appeal.

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Defendant's Experts:

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