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UNITED STATES v. RODRIGUEZ-FRANCO

No. 84-5146 Non-Argument Calendar.

749 F.2d 1555 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Jorge Enrique RODRIGUEZ-FRANCO, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

January 10, 1985.

Attorney(s) appearing for the Case

Theodore J. Sakowitz, Federal Public Defender, Armando Cortina, Asst. Federal Public Defender, Miami, Fla., for defendant-appellant.

Isaac J. Mitrani, Linda Collins-Hertz, Asst. U.S. Attys., Miami, Fla., for plaintiff-appellee.

Before GODBOLD, Chief Judge, KRAVITCH and HATCHETT, Circuit Judges.

KRAVITCH, Circuit Judge:

This case presents a novel challenge to the Speedy Trial Act: whether time spent in state custody pending probation revocation proceedings is excludable in computing the 70 day time limit pursuant to 18 U.S.C. § 3161 et seq. The court below, in computing the time between indictment and trial on federal charges, excluded the period spent by the defendant in state custody awaiting revocation proceedings. This case also involves the authority...

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