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UNITED STATES v. BLACK

No. 83-5077.

733 F.2d 349 (1984)

UNITED STATES of America, Appellant, v. Robert D. BLACK, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided May 3, 1984.

Attorney(s) appearing for the Case

Sidney M. Glazer, Dept. of Justice, Washington, D.C. (Elsie L. Munsell, U.S. Atty., Alexandria, Va., Patty Merkamp Stemler, Dept. of Justice, Washington, D.C., on brief), for appellant.

David J. Fudala, Alexandria, Va. (John D. Grad, Hirschkop & Grad, P.C., Alexandria, Va., on brief), for appellee.

Before WINTER, Chief Judge, and PHILLIPS and ERVIN, Circuit Judges.

ERVIN, Circuit Judge:

The issue presented in this appeal is whether a motion for rehearing en banc filed after the time authorized by Fed.R.App.P. 35(c) and 40(a) is a "proceeding concerning the defendant ... under advisement by the court"1 for the purpose of tolling the Speedy Trial Act. The district court held that the twenty-seven days we considered the government's untimely motion for rehearing en banc did not toll the...

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