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District Court?s sua sponte continuance did not validly exclude time under STA

By Candace Hom, Melinda Ghilardi, Nancy Rimmer, Sarah Gannett, Renee Pietropaolo and Tieffa Harper

Following his conviction for wire fraud and aggravated identity theft, Reese appealed his conviction, in part based on a claim that his trial took place beyond the 70-day Speedy Trial Act time limit.  The Circuit here agreed and vacated the -conviction.  United States v. Reese, No. 17-2484 (March 5, 2019).Prior to trial in Reese?s case, after a period of 50 non-excludable days had elapsed, the district court held a pretrial conference.  At this November 10, 2016, hearing the district court opened by stating that, in order accommodate the court?s calendar, trial was to be moved to February 22nd.  Reese?s counsel responded ?February 22nd will work for me. I'm just really bad in December and January myself. February opens up...continue to full post

Full post as published by Third Circuit Blog on March 08, 2019 (boomark / email).