Federal Judge Dismisses Gun Case Amid Staffing Crisis in U.S. Attorney's Office

A federal judge in Minnesota, Paul A. Magnuson, has dismissed a criminal case against Tavon Timberlake, who was charged with unlawfully possessing a firearm. The dismissal occurred on February 20, 2026, after the U.S. Attorney's Office, led by Daniel Rosen, acknowledged that staffing shortages hindered their ability to meet trial deadlines. Judge Magnuson ruled that Timberlake's constitutional right to a speedy trial had been violated, resulting in the case being dismissed with prejudice, meaning Timberlake cannot be retried on the same charges.

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The U.S. Attorney's Office in Minnesota has faced significant challenges, including the resignation of at least 14 prosecutors since Daniel Rosen's appointment. This exodus has been attributed to internal conflicts, particularly regarding the handling of cases related to a crackdown on illegal immigration. The office is currently overwhelmed with a high volume of cases, including criminal charges against protesters and lawsuits from immigrants contesting their detentions. This situation has led to federal judges across the country criticizing U.S. attorney's offices for missing deadlines and violating judicial orders.

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Tavon Timberlake has a lengthy criminal record, which includes multiple convictions for being a felon in possession of a firearm, drug possession, and drug dealing. His attorney, Kevin DeVore, emphasized that Timberlake had been in jail for 169 days, far exceeding the 70-day limit for a speedy trial. DeVore noted that the prosecution had ample time to prepare for the case, stating, "There was plenty of time to move this along."

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In their response to the dismissal, prosecutors cited "issues related to staffing turnover at the United States Attorney's Office" as a contributing factor. DeVore remarked on the unusual circumstances, indicating that the current situation is straining the office's ability to manage cases effectively. He expressed concern over the increasing number of criminal cases being dismissed, stating, "I've been doing this for 30 years, and I've personally never had an order to dismiss an indictment."

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The dismissal of Timberlake's case has raised concerns among legal professionals about the implications of staffing shortages on public safety. Critics argue that the inability to prosecute serious criminal cases could lead to dangerous individuals remaining free. DeVore highlighted that Timberlake is not the only alleged criminal to benefit from the current turmoil, referencing another case where charges were dismissed due to similar staffing issues.

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While the U.S. Attorney's Office has acknowledged staffing challenges, there is no detailed public information regarding the specific reasons behind the mass resignations or the internal conflicts that have contributed to the current crisis. Additionally, the broader impact of these dismissals on crime rates in Minnesota remains unclear.

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• “There was plenty of time to move this along,” — Kevin DeVore, Attorney for Tavon Timberlake

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• “ "The issues that are going on at the US Attorney's Office certainly are unusual.” — Kevin DeVore, Attorney for Tavon Timberlake

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• “I've personally never had an order to dismiss an indictment," he said.” — Kevin DeVore, Attorney for Tavon Timberlake

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