Appeal from the United States District Court for the District of Oregon Michael W. Mosman, District Judge, Presiding D.C. No. 3:09-cr-00170-MO-1
Argued and Submitted July 12, 2012-Portland, Oregon
Before: Betty B. Fletcher and Harry Pregerson, Circuit Judges, and Consuelo B. Marshall, Senior District Judge.*fn1
Defendant-Appellant James Albert Jackson ("Jackson") appeals the district court's denial of his motion to dismiss the indictment based on the Speedy Trial Act, 18 U.S.C. §§ 3161, 3162, and the use of a two-level sentencing enhancement for use of a computer. This court has jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
I. FACTUAL AND PROCEDURAL HISTORY
Appellant James Albert Jackson ("Appellant") met a 14-year-old minor, referred to as AK, on the streets of Seattle, Washington, where AK was engaged in prostitution and cocaine distribution. After giving AK alcohol and having sex with her multiple times, Appellant convinced AK to move with him to Portland, Oregon so the two could sell ecstacy.
Once in Portland, Appellant told AK that she would have to prostitute herself to pay for their motel room. Appellant beat and choked her during this first night in Portland. For the next three months, AK earned approximately $400-$600 per day as a prostitute and gave her earnings to Appellant. Appellant asked co-defendant Donnico Johnson and Johnson's prostitute, Lisa Miles, to take and post photos of AK on an online advertisement on the website craigslist.com.
After AK was arrested twice for prostitution, she told the authorities about Appellant and co-defendant Johnson, who were then arrested. Appellant was originally charged on May 6, 2009, and arrested in Texas on May 11, 2009. A superseding indictment was filed on June 24, 2009. Appellant was charged with "sex trafficking" in violation of 18 U.S.C. §§ 1591(a), (b)(1). Specifically, Appellant was charged under these sections with "knowing that force, fraud, and coercion would be used to cause [a minor] 'A.K.' to engage in commercial sex acts . . . [he] did, in and affecting interstate commerce, recruit, entice, harbor, transport, provide and obtain by any means, 'A.K.'; and . . . did benefit, financially . . . from participating in a venture which engaged in commercial sex acts."
Appellant moved to continue the trial date multiple times in 2009, which the trial court granted each time. On January 20, 2010, Appellant's attorney filed a motion for a competency hearing as to his client. On January 29, the district court ordered that Appellant undergo a competency evaluation by a local psychologist to be agreed upon by counsel for the parties. On March 1, Appellant's attorney filed an affidavit regarding Appellant's competency and the competency hearing convened. The district court found Appellant incompetent to assist in his own defense on March 4, 2010, and ordered that "trial ...