United States v. Love, No. 13-2068 (2d Cir. 2016)
Annotate this CaseDefendant appealed his conviction for drug and firearm-related charges, arguing that the district court erred by excluding from calculation, for purposes of the Speedy Trial Act (STA), 18 U.S.C. 3161, forty days of delay resulting from the government’s filing of two motions to set a trial date. Defendant also argued, for the first time on appeal, that the district court erred by excluding periods of delay resulting from the joinder of his case with that of his codefendant. The court held that defendant waived this latter claim by failing to raise it in his motion to dismiss on STA grounds before the district court. The court also concluded that, because defendant failed to establish an STA violation even if the district court erred in excluding the periods of delay resulting from the government’s motions to set a trial date, the court need not decide that question.
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