United States v. Romero, No. 15-30023 (9th Cir. 2016)
Annotate this CaseDefendant appealed his conviction for being a felon in possession of a firearm. Defendant argued that the district court improperly excluded 81 days that he maintains amounted to an “unreasonable” delay under the Speedy Trial Act, 18 U.S.C. 3161(h)(1)(F), which governs the exclusion of transportation-related periods of delay. The court concluded that all of the days were properly excluded because defendant was incompetent to stand trial during the relevant period. Accordingly, the court affirmed the judgment.
Court Description: Criminal Law. Affirming a conviction for being a felon in possession of a firearm, the panel held that the Speedy Trial Act unambiguously requires the exclusion of all time during which a defendant is incompetent to stand trial, 18 U.S.C. § 3161(h)(4), and other delays that may or may not occur during a period of incompetency are irrelevant to the Speedy Trial Act calculation.
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