United States Ninth Circuit

Dismissal, without prejudice, of defendant's indictment for drug-related offenses based on excessive pretrial delays is affirmed where: 1) although he established a one-day error in the district court's Speedy Trial Act determination, the error was harmless; 2) other than that error, the calculation of the number of days excludable under the Speedy Trial Act was proper; and 3) there was no abuse of discretion in dismissing the indictment without prejudice.

Appellate Information

• Argued 02/06/2008
• Decided 04/29/2008
• Published 04/29/2008

Judges

• IKUTA, Circuit Judge:, Before:  RAYMOND C. FISHER, RONALD M. GOULD, and SANDRA S. IKUTA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• William C. Broberg, Seattle, WA, for the defendant-appellant., Patricia C. Lally, Assistant United States Attorney, Office of the United States Attorney, Seattle, WA, for the plaintiff-appellee.