United States First Circuit

The Speedy Trial Act (STA), read as a whole, imposes no obligation on a district court to raise speedy indictment claims in the absence of a motion by the defendant. A defendant who fails to file a timely motion as required by the last sentence of 18 U.S.C. section 3162(a)(2) waives such claims as a matter of statutory command, and, consequently, not even plain error review is available to such a defendant.

Appellate Information

• Decided 11/21/2006
• Published 11/21/2006

Judges

• LYNCH, Circuit Judge., Before TORRUELLA, Circuit Judge, CYR, Senior Circuit Judge, and LYNCH, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• H. Ernest Stone, for appellant.


• For Appellees:
  
• Mark T. Quinlivan, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief, for appellee.