United States Ninth Circuit

A conviction for second degree murder on an Indian reservation, felony murder, and conspiracy to commit murder, is affirmed where: 1) the entire period from the time defendant filed his "Motion to Recall the Mandate" on December 23, 2004, up until the Supreme Court denied his certiorari petition on June 20, 2005, was excludable; and 2) thus, the Speedy Trial Act (STA) was not violated and a motion to dismiss the indictment was properly denied.

Appellate Information

• Decided 05/08/2008
• Published 05/08/2008

Judges

• BERZON, Circuit Judge:, Before:  JOHN R. GIBSON,MARSHA S. BERZON, and CARLOS T. BEA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Thomas M. Hoidal, The Law Office of Thomas M. Hoidal, P.L.C., Phoenix, AZ, for the defendant-appellant., Vincent Q. Kirby, Assistant United States Attorney, Phoenix, AZ;  Daniel G. Knauss, United States Attorney, District of Arizona;  John Boyle, Deputy Appellate Chief, District of Arizona, for the plaintiff-appellee.