U.S. v. Vanella, No. 79-5527
| Court | United States Courts of Appeals. United States Court of Appeals (5th Circuit) |
| Writing for the Court | Before BROWN, TJOFLAT, and FRANK M. JOHNSON, Jr.; FRANK M. JOHNSON, Jr. |
| Citation | 619 F.2d 384 |
| Docket Number | No. 79-5527 |
| Decision Date | 16 June 1980 |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. Patrick T. VANELLA, Defendant-Appellant. Summary Calendar. * |
Page 384
v.
Patrick T. VANELLA, Defendant-Appellant.
Fifth Circuit.
Rehearing Denied Aug. 6, 1980.
Roger F. Borrello, Plantation, Fla., for defendant-appellant.
Daniel H. Forman, Asst. U. S. Atty., Jack Eskenais, U. S. Atty., Miami, Fla., for plaintiff-appellee.
Appeal from the United States District Court for the Southern District of Florida.
Before BROWN, TJOFLAT, and FRANK M. JOHNSON, Jr., Circuit Judges.
FRANK M. JOHNSON, Jr., Circuit Judge:
On March 27, 1979, the United States Attorney for the Middle District of Florida filed an information charging defendant Patrick T. Vanella with two counts of failure to file federal income tax returns in violation of 26 U.S.C. § 7203. At his arraignment on April 9, Vanella's trial was set for June 26, 1979. On April 19, however, Vanella moved under 18 U.S.C. § 3237(b) to be tried in the district of his
Page 385
residence, the Southern District of Florida. Although the United States Magistrate ordered the case transferred the same day, the case was not filed in the Southern District until April 30. On June 7, 1979, Judge Gonzalez of the Southern District recused himself from further participation in the matter and, on June 11, the case was reassigned to Judge Lawrence King. Notice sent by the clerk of court on June 26 informed Vanella that he would be tried on July 16.Because of delay in receiving his trial, Vanella on July 13 filed a motion to dismiss the prosecution for failure to comply with the provisions of the Speedy Trial Act, 18 U.S.C. §§ 3161 et seq. The court denied the motion, however, and trial began on July 16. The next day Vanella's jury found him guilty on both counts as charged. On September 12, Judge King sentenced Vanella for each count to four months' incarceration and a fine of $10,000, the sentences to run concurrently. Vanella appeals.
Vanella's trial followed by ninety-seven days his arraignment in the Middle District of Florida; transfer of the case to the Southern District of Florida preceded trial by eighty-eight days. The Speedy Trial Act requires that Vanella's trial occur within eighty days of arraignment. See 18 U.S.C. § 3161(g). Moreover, effective July 1, 1979, 18 U.S.C. § 3163(c), the Act required, upon motion of the defendant, the dismissal of the prosecution where the applicable time limits of the statute have not been met. 18 U.S.C. § 3162(a)(2). Before the effective date of the dismissal sanction, however, Congress began reconsideration whether the federal courts were yet prepared for simultaneous imposition of the dismissal sanction and the permanent time limitations under the Speedy Trial Act. Concluding that the federal courts were not so prepared, the Senate, on June 19, 1979, and July 31, 1979, and the House, on July 31, 1979, passed legislation that would suspend the operation of the dismissal sanction. See (1979) U.S.Code Cong. & Admin.News, at 805. On August 2, the Speedy Trial Act Amendments of 1979, Pub.L. No. 96-43, 93 Stat. 327, 332, became law. The legislation suspends until July 1, 1980, the effectiveness of the dismissal sanction of 18 U.S.C. § 3162(a)(2). 93 Stat. 327, 328-29. The legislative history demonstrates that Congress determined that:
some temporary suspension of the dismissal sanction is justified. In retrospect, once the decision was made to have a phase-in period prior to imposition of the dismissal sanction, it appears that the wiser approach would have been to provide some time during which the permanent time limits would be in effect without the dismissal sanction. The suspension will provide that result.
H.R.Rep. No. 390, 96th Cong. 1st Sess. 8, reprinted in (1979) U.S.Code Cong. & Admin.News, pp. 805, 812. 1
Vanella contends that the 1979 amendments are prospectively applicable only and...
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Federal Deposit Ins. Corp. v. Howse, Civ. A. No. H-89-1908.
...usually held to be immediately applicable to pending cases. United States v. Fernandez-Toledo, 749 F.2d at 705; United States v. Vanella, 619 F.2d 384, 386 (5th Cir.1980). Statutes of limitations are considered to be procedural rather than substantive. FDIC v. Petersen, 770 F.2d 141, 142 (1......
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U.S. v. Seale, No. 07-60732.
...1037 absent congressional intent to the contrary. Id.; see Landgraf, 511 U.S. at 275, 114 S.Ct. 1483; see also United States v. Vanella, 619 F.2d 384, 386 (5th Cir.1980) (recognizing that this rule is well-established); United States v. Blue Sea Line, 553 F.2d 445, 448 (5th Cir.1977) ("Alth......
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Greer v. St. Tammany Parish Jail, Civ. A. No. 88-2809.
...affirmed, but finding the 38 month delay from indictment to trial required inquiry into other factors); United States v. Vanella, 619 F.2d 384, 386 (5th Cir.1980) (conviction affirmed; delay of under 100 days was not presumptively prejudicial and no prejudice was shown); Hill v. Wainwright,......
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James v. American Intern. Recovery, Inc., No. 1:89-CV-321-RHH.
...(11th Cir.1990) ("Statutory changes that are procedural or remedial in nature apply retroactively.") (quoting United States v. Vanella, 619 F.2d 384, 386 (5th Cir.1980)) (also citing United States v. Fernandez-Toledo 749 F.2d 703, 705 (11th Cir.1985) ("Cases in this circuit have held that n......
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Federal Deposit Ins. Corp. v. Howse, Civ. A. No. H-89-1908.
...usually held to be immediately applicable to pending cases. United States v. Fernandez-Toledo, 749 F.2d at 705; United States v. Vanella, 619 F.2d 384, 386 (5th Cir.1980). Statutes of limitations are considered to be procedural rather than substantive. FDIC v. Petersen, 770 F.2d 141, 142 (1......
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U.S. v. Seale, No. 07-60732.
...1037 absent congressional intent to the contrary. Id.; see Landgraf, 511 U.S. at 275, 114 S.Ct. 1483; see also United States v. Vanella, 619 F.2d 384, 386 (5th Cir.1980) (recognizing that this rule is well-established); United States v. Blue Sea Line, 553 F.2d 445, 448 (5th Cir.1977) ("Alth......
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Greer v. St. Tammany Parish Jail, Civ. A. No. 88-2809.
...affirmed, but finding the 38 month delay from indictment to trial required inquiry into other factors); United States v. Vanella, 619 F.2d 384, 386 (5th Cir.1980) (conviction affirmed; delay of under 100 days was not presumptively prejudicial and no prejudice was shown); Hill v. Wainwright,......
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James v. American Intern. Recovery, Inc., No. 1:89-CV-321-RHH.
...(11th Cir.1990) ("Statutory changes that are procedural or remedial in nature apply retroactively.") (quoting United States v. Vanella, 619 F.2d 384, 386 (5th Cir.1980)) (also citing United States v. Fernandez-Toledo 749 F.2d 703, 705 (11th Cir.1985) ("Cases in this circuit have held that n......