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UNITED STATES v. GARCIA

No. 84-5991.

778 F.2d 1558 (1986)

UNITED STATES of America, Plaintiff-Appellee, v. Juan Anastasio GARCIA, Armando Garcia, Jesus Idalberto Valdes, Ibraham Fernandez, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

January 2, 1986.

Attorney(s) appearing for the Case

Philip M. Gerson, Miami, Fla., for J. Garcia and A. Garcia.

Theodore J. Sakowitz, William M. Pearson, John Mattes, Federal Public Defender, Miami, Fla., for J. Valdes and I. Fernandez.

Stanley Marcus, U.S. Atty., Ted Bandstra, Linda Collins-Hertz, Nancy L. Worthington, Asst. U.S. Attys., Miami, Fla., for plaintiff-appellee.

Before VANCE and HATCHETT, Circuit Judges, and ATKINS, District Judge.

HATCHETT, Circuit Judge:

In this appeal, we determine whether the time between referral of a James motion (United States v. James, 590 F.2d 575 (5th Cir.1979) (en banc)) to a district judge and the beginning of trial is excludable or includable under the Speedy Trial Act, 18 U.S.C.A. §§ 3161-74. Agreeing with the district court that the time is excludable, we affirm.

FACTS

On June 11, 1984...

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