United States Ninth Circuit

In defendant's appeal from the district court’s decision to dismiss his indictment for violation of the Speedy Trial Act, 18 U.S.C. section 3161, without prejudice, the order is affirmed where: 1) the district court correctly found that 90 days would be the "outer boundary" of a reasonable delay for joinder, given the government's diligent efforts to obtain a witness's presence and the minimal prejudice to defendant; 2) because defendant was to be tried jointly with his codefendants, the district court properly granted a continuance; and 3) the district court balanced the applicable statutory considerations, made the requisite factual findings, and properly determined that the overall weight of the statutory considerations favored dismissal without prejudice.

Appellate Information

• Argued 12/07/2009
• Decided 07/20/2010
• Published 07/20/2010

Judges

• Susan P. Graber

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Allen M. Brabender, Dean D. Paik