United States Second Circuit

Second judgment of conviction for conspiracy to commit tax fraud, wire fraud, and money laundering is affirmed, where: 1) the findings necessary to extend the prescribed period for retrial from 70 to 180 days under 18 U.S.C. section 3161(e), the Speedy Trial Act, can be made after the initial 70-day period for retrial has passed; 2) the factors relied on by the district judge in granting an extension to 180 days resulted from passage of time, insofar as they reflected changed circumstances between the close of the original trial and the grant of the extension affecting retrial; and 3) the district judge correctly identified sufficient excludable delay to support the conclusion that defendant was retried within 180 days of this court's mandate.

Appellate Information

• Decided 05/23/2013
• Published 05/23/2013

Judges

• RAGGI

Court

• United States Second Circuit

Counsel