COURT OF APPEALS FOR THE SEVENTH CIRCUIT
United States – Appellant
Versus
Linnel Blount Jr. – Respondent
No. 22-2470 UNITED STATES OF AMERICA, Plaintiff-Appellee, v. LINNEL BLOUNT, JR., Defendant-Appellant. ____________________
Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 19 CR 376 — Charles R. Norgle, Judge. ____________________
ARGUED FEBRUARY 21, 2024 — DECIDED FEBRUARY 26, 2024 ____________________
Before EASTERBROOK, BRENNAN, and KIRSCH, Circuit
Judges.
EASTERBROOK, Circuit Judge. During the COVID-19 pan-
demic many federal courts, including the Northern District of
Illinois, deferred holding jury trials until it was safe for so
many participants (judge, jurors, witnesses, counsel, and oth-
ers) to assemble indoors. The court entered a series of orders,
all called General Order 20-0012, that suspended criminal jury
trials from March 17, 2020, through April 4, 2021 (with a short
2 No. 22-2470 time in between during which jury trials were allowed with
restrictions to reflect medical recommendations). Each of
these orders stated that health and safety considerations
made trials too risky and that any resulting delay should be
treated as excludable under the Speedy Trial Act, 18 U.S.C.
§§ 3161–74. Several versions of this order expressly relied on
statements by the Centers for Disease Control and state pub-
lic-health officials.
Linnel Blount, Jr., was indicted on drug and gun charges
in 2019. He demanded a jury trial, which was set for February
4, 2020, but postponed to March 24 at his request. General Or-
der 20-0012 prevented the holding of a jury trial on March 24,
so the district judge deferred the trial further. Over the next
year the judge excluded countable time, in the ends of justice,
under 18 U.S.C. §3161(h)(7). The judge took General Order 20-
0012 as a given and did not make independent findings.
On March 29, 2021, as criminal jury trials were about to
resume, the parties filed a joint status report asking for more
time to plan. But before a jury trial could be held, Blount
waived his jury demand and agreed to a bench trial. It com-
menced on July 26, 2021. He was convicted and sentenced to
63 months’ imprisonment. His sole argument on appeal is
that the indictment should have been dismissed under the
Speedy Trial Act, because the ends-of-justice rulings rested on
General Order 20-0012 rather than “individualized” and
“case-specific” circumstances.
Blount’s immediate problem is that his lawyer never asked
the district court to dismiss the indictment. Under 18 U.S.C.
§3162(a)(2) such a motion is essential. See, e.g., United States
v. Littrice,
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