United States v. Adrian Lacey ( 2022 )

United States Court of Appeals
For the Eighth Circuit
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No. 21-3737
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Adrian Lacey
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Eastern District of Arkansas - Delta
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Submitted: May 12, 2022
Filed: May 20, 2022
[Unpublished]
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Before SHEPHERD, STRAS, and KOBES, Circuit Judges.
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PER CURIAM.
Adrian Lacey, who was counseled below but is now proceeding pro se, appeals
after he pleaded guilty to possessing a prohibited object in prison, and the district
court1 sentenced him to 6 months in prison. On appeal, Lacey argues that his right
to a speedy trial was violated, his guilty plea was involuntary, and his counsel was
ineffective.
Upon careful review, we conclude that Lacey waived any speedy trial claim by
pleading guilty. See United States v. Cox, 985 F.2d 427, 433 (8th Cir. 1993) (claim
that indictment should have been dismissed for violation of the Speedy Trial Act was
waived by guilty plea); Speed v. United States, 518 F.2d 75, 76 (8th Cir. 1975) (“it
is well settled that a plea of guilty waives any claim to denial of a speedy trial”).
Further, the hearing transcript shows that he knowingly and voluntarily entered his
guilty plea, despite his later filings asserting that he was innocent. See United States
v. Green, 521 F.3d 929, 931 (8th Cir. 2008) (whether a plea was knowing and
voluntary is reviewed de novo); Nguyen v. United States, 114 F.3d 699, 703 (8th Cir.
1997) (defendant’s representations during plea-taking carry strong presumption of
verity).
Finally, we decline to address Lacey’s ineffective-assistance claim in this direct
appeal. See United States v. Hernandez, 281 F.3d 746, 749 (8th Cir. 2002)
(generally, ineffective-assistance claim is not cognizable on direct appeal).
Accordingly, we affirm.
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1
The Honorable D.P. Marshall Jr., Chief Judge, United States District Court for
the Eastern District of Arkansas.
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