United States Ninth Circuit

In a case involving a conspiracy to violate federal wildlife and importation law, defendant's second conviction following a decision dismissing without prejudice defendant's indictment for violation of the Speedy Trial Act (STA) is reversed and remanded for the district court to review the entirety of the pre-trial delay suffered by defendant and to make specific findings as to which periods were excludable under the STA.

Appellate Information

• Argued 08/14/2007
• Decided 03/13/2008
• Published 03/13/2008

Judges

• Before:  DIARMUID F. O'SCANNLAIN, MICHAEL DALY HAWKINS, and KIM McLANE WARDLAW, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Dean D. Paik, San Francisco, CA, for the defendant-appellant., Matthew J. McKeown, Assistant Attorney General, John Smeltzer, Attorney, U.S. Department of Justice, Robert Anderson, Attorney, U.S. Department of Justice and Todd Aagaard, Attorney, U.S. Department of Justice, Washington, D.C., for the plaintiff-appellee.