U.S. v. Haiges, 82-1124
| Court | United States Courts of Appeals. United States Court of Appeals (9th Circuit) |
| Writing for the Court | Before HUG, FERGUSON and CANBY; HUG |
| Citation | 688 F.2d 1273 |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. Norman Harold HAIGES, III, Defendant-Appellant. |
| Docket Number | No. 82-1124,82-1124 |
| Decision Date | 28 September 1982 |
Page 1273
v.
Norman Harold HAIGES, III, Defendant-Appellant.
Ninth Circuit.
Decided Sept. 28, 1982.
Colin F. Campbell, Federal Public Defender, Phoenix, Ariz., for defendant-appellant.
Roger W. Dokken, Asst. U. S. Atty., Phoenix, Ariz., for plaintiff-appellee.
Appeal from the United States District Court for the District of Arizona.
Before HUG, FERGUSON and CANBY, Circuit Judges.
HUG, Circuit Judge:
Norman Harold Haiges, III claims that the Government's failure to bring him to trial within seventy days of the date of his indictment violated the Speedy Trial Act (the "Act"), 18 U.S.C. §§ 3161-3174. The district court denied Haiges's pretrial motion to dismiss the indictment, concluding that the Government had complied with the time limitations imposed by the Act. We affirm.
Page 1274
Haiges was arrested on November 6, 1981, shortly after a robbery of the Valley National Bank in Scottsdale, Arizona. He made an initial appearance before a magistrate on the day of his arrest, and was held to answer to a charge of bank robbery, in violation of 18 U.S.C. § 2113(a). Haiges was indicted on that charge on November 10, and at his arraignment, on November 18, pleaded not guilty. At that time, his trial was set for January 19, 1982. On January 14, the clerk filed a minute order vacating that trial date and resetting Haiges's trial for January 20.
On January 20, Haiges appeared for trial and moved for dismissal of the indictment. He argued that under the Act the Government was required to bring him to trial seventy days after the filing of his indictment, on January 19. The court denied the motion, holding as a matter of law that under 18 U.S.C. § 3161(h)(1) the day of Haiges's arraignment constituted an excludable delay. The court also found that January 19 was excludable under section 3161(h)(8) (A), because the continuance of Haiges's trial served the ends of justice. With the exclusion of these two days, the trial court concluded that trial on January 20 occurred on the sixty-ninth day. The case proceeded to trial, and Haiges was convicted of violation of 18 U.S.C. § 2113(a).
Section 3161(c)(1) of the Act requires that "(i)n any case in which a plea of not guilty is entered, the trial of a defendant charged in an information or indictment with the commission of an offense shall commence within seventy...
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...answer to the charges in district court, the seventy-day pretrial period runs from the date of his indictment." United States v. Haiges, 688 F.2d 1273, 1274 (9th Cir.1982). See also United States v. Yunis, 723 F.2d 795, 796 (11th Cir.1984); United States v. Carrasquillo, 667 F.2d 382, 384 (......
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U.S. v. Alvarez-Perez, 09-50334
...United States v. Wirsing, 867 F.2d 1227, 1230 (9th Cir.1989) (date indictment returned automatically excluded); United States v. Haiges, 688 F.2d 1273, 1275 (9th Cir.1982) (date of arraignment automatically excluded); see also United States v. Jenkins, 92 F.3d 430, 440 (6th Cir.1996) (time ......
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U.S. v. Mancias, 03-1037.
...v. Owokoniran, 840 F.2d 373, 374 (7th Cir.1987); United States v. Yunis, 723 F.2d 795, 796 (11th Cir.1984); United States v. Haiges, 688 F.2d 1273, 1274 (9th Cir.1982); United States v. Carrasquillo, 667 F.2d 382, 384 (3d Cir.1981); Committee on the Administration of the Criminal Law of the......
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U.S. v. Mala, 91-2229
...periods of delay antedating a defendant's arrest. See United States v. Zandi, 769 F.2d 229, 233 (4th Cir.1985); United States v. Haiges, 688 F.2d 1273, 1274 (9th The Sixth Amendment provides in pertinent part that "in all criminal prosecutions, the accused shall enjoy the right to a speedy ......
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U.S. v. Mentz, 87-3286
...answer to the charges in district court, the seventy-day pretrial period runs from the date of his indictment." United States v. Haiges, 688 F.2d 1273, 1274 (9th Cir.1982). See also United States v. Yunis, 723 F.2d 795, 796 (11th Cir.1984); United States v. Carrasquillo, 667 F.2d 382, 384 (......
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U.S. v. Alvarez-Perez, 09-50334
...United States v. Wirsing, 867 F.2d 1227, 1230 (9th Cir.1989) (date indictment returned automatically excluded); United States v. Haiges, 688 F.2d 1273, 1275 (9th Cir.1982) (date of arraignment automatically excluded); see also United States v. Jenkins, 92 F.3d 430, 440 (6th Cir.1996) (time ......
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U.S. v. Mancias, 03-1037.
...v. Owokoniran, 840 F.2d 373, 374 (7th Cir.1987); United States v. Yunis, 723 F.2d 795, 796 (11th Cir.1984); United States v. Haiges, 688 F.2d 1273, 1274 (9th Cir.1982); United States v. Carrasquillo, 667 F.2d 382, 384 (3d Cir.1981); Committee on the Administration of the Criminal Law of the......
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U.S. v. Mala, 91-2229
...periods of delay antedating a defendant's arrest. See United States v. Zandi, 769 F.2d 229, 233 (4th Cir.1985); United States v. Haiges, 688 F.2d 1273, 1274 (9th The Sixth Amendment provides in pertinent part that "in all criminal prosecutions, the accused shall enjoy the right to a speedy ......