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UNITED STATES v. COBB

No. 1418, Docket 82-1126.

697 F.2d 38 (1982)

UNITED STATES of America, Plaintiff-Appellant, v. John Malcolm COBB, IV, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided December 20, 1982.

Attorney(s) appearing for the Case

Edward J. Wagner, Buffalo, N.Y., for defendant-appellee.

J. Glenn Davis, Asst. U.S. Atty. W.D. N.Y., Buffalo, N.Y. (Roger P. Williams, U.S. Atty. W.D.N.Y., Buffalo, N.Y., Patty Merkamp Stemler, U.S. Dept. of Justice, Washington, D.C., of counsel), for plaintiff-appellant.

Before VAN GRAAFEILAND, PIERCE and PRATT, Circuit Judges.

GEORGE C. PRATT, Circuit Judge:

Only one issue is presented on this appeal: whether Judge Curtin erred in refusing to exclude from the speedy trial calculation 27 days between defendant's oral motion to suppress evidence and the date other periods of excludable delay took effect. If that time is not excluded from the calculation, then as Judge Curtin held, the Speedy Trial Act's 70-day limit for bringing defendant to trial was exceeded, and the indictment was properly...

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