Williford v. United States
| Citation | 83 L.Ed.2d 206,469 U.S. 893,105 S.Ct. 270 |
| Decision Date | 09 October 1984 |
| Docket Number | No. 83-6814,83-6814 |
| Parties | Phillip Nathaniel WILLIFORD v. UNITED STATES |
| Court | United States Supreme Court |
On petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit.
The petition for a writ of certiorari is denied.
Petitioner Phillip Williford was convicted of wire fraud in violation of 18 U.S.C. § 1343 and of making a false statement in a loan application, in violation of 18 U.S.C. § 1014. The original indictment charging him was returned on May 4, 1982. A superseding indictment was filed on August 17, 1982, and a second superseding indictment was filed on April 21, 1983. This final indictment omitted one paragraph describing a fraudulent transaction contained in its predecessor.
Petitioner sought a postponement of the scheduled trial date under the Speedy Trial Act, 18 U.S.C. § 3161(c)(2). That provision guarantees an adequate time to prepare a defense to the charge by preventing trial commencement until 30 days from the defendant's first appearance, unless the defendant consents in writing to an earlier date. Petitioner argued that § 3161(c)(2) precluded commencement of his trial until 30 days elapsed following the return of the last indictment. The District Court disagreed, and petitioner's trial began on May 3, 1983, only 12 days after the final indictment was returned.
When an indictment is dismissed on the motion of a defendant, under 18 U.S.C. § 3161(d)(1) any reindictment for the same offense renews the 30-day period of § 3161(c)(2). In this case, however, the Fifth Circuit upheld petitioner's conviction, finding that a different rule applies when the prior indictment is dismissed on the motion of the Government: The minimum time limit runs from the original, not superseding, indictment, and any continuance is left to the discretion of the district judge. This holding is consistent with the view of the Seventh Circuit, United States v. Horton, 676 F.2d 1165, 1169 (1982), the Second Circuit, United States v. Todisco, 667 F.2d 255, 260 (1981), and the Eighth Circuit, United States v. Dennis, 625 F.2d 782, 793 (1980). It conflicts, however, with the rule in the Ninth Circuit. In United States v. Harris, 724 F.2d 1452 (1984), the Ninth Circuit held that the 30-day period applies even when the Government obtains an overlapping, superseding indictment. The court explained:
Id., at 1455 (emphasis in original).
Accord, United States v. Arkus, 675 F.2d...
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