United States Ninth Circuit

Where a discovery motion is pending on the docket, but the district court is neither awaiting additional submissions nor has indicated that the motion requires a future hearing, the discovery motion is "under advisement" under 18 U.S.C. section 3161(h)(1)(J), and a maximum of 30 days can be excluded thereunder; no Speedy Trial Act violation occurred.

Appellate Information

• Argued 05/16/2003
• Decided 08/25/2003
• Published 08/25/2003

Judges

• BERZON, Circuit Judge., Before: TASHIMA, BERZON, and CLIFTON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Ross E. Viselman, San Diego, CA, for the defendant-appellant., Carol C. Lam, United States Attorney, Francisco J. Sanchez, Jr., Assistant United States Attorney (on the brief), Roger W. Haines, Jr., Assistant U.S. Attorney (at oral argument), San Diego, CA, for the plaintiff-appellee.