United States Ninth Circuit

The day a party files a motion is excludable for purposes of the Speedy Trial Act. Review of defendant's sentence under retroactive application of PROTECT Act was appropriate even though sentence was imposed before PROTECT Act's effective date. Defendants' drug and firearm convictions and sentences are affirmed.

Appellate Information

• Argued 08/05/2003
• Decided 02/17/2004
• Published 02/17/2004

Judges

• GOULD, Circuit Judge:, Before ALARCÓN, GOULD, and CLIFTON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Robert L. Kelleher Jr., Billings, MT, for defendant-appellant Daychild., Richard J. Carstensen, Billings, MT, for defendant-appellant Neiss., Josh Van de Wetering, Assistant U.S. Attorney (argued), Missoula, MT, and James E. Seykora, Assistant U.S. Attorney, Billings, MT, for the plaintiff-appellee.