United States v. Nickerson, No. 12-10534 (10-1-13)(Berzon with Wallace and Zouhary, DJ).
In this appeal from DUI convictions inside the Presidio Park, the 9th held that the speedy trial clock, 3161(d)(2), requiring trial within 70 days, does not apply to class B misdemeanors. The defendant also argued that the charges against her should be dismissed for outrageous government misconduct stemming from the taping of her relieving herself in a toilet unbeknownst to her. The taping was a security measure. The 9th affirmed the denial of the dismissal because the conduct was not outrageous and did not occur in securing the conviction.