UNITED STATES v. FREY

No. 83-5150.

735 F.2d 350 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. Gale Gordon FREY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submitted April 24, 1984.

Decided June 1, 1984.


Attorney(s) appearing for the Case

Sharon K. McCaslin, Asst. U.S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Roger R. Meadows, Ontario, Cal., for defendant-appellant.

Before WRIGHT, WALLACE, and KENNEDY, Circuit Judges.


WALLACE, Circuit Judge:

Frey appeals his conviction for conspiring to receive goods stolen from interstate commerce in violation of 18 U.S.C. § 659. He contends the government failed to bring him to trial within the seventy-day period provided for by the Speedy Trial Act, 18 U.S.C. §§ 3161-3174 (the Act). We have jurisdiction under 28 U.S.C. § 1291. We conclude that Frey was tried in violation of the Act, and reverse and remand.

I

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