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UNITED STATES v. SIMMONS

No. 622, Docket 85-1359.

786 F.2d 479 (1986)

UNITED STATES of America, Appellee, v. Charles SIMMONS, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided March 12, 1986.

Attorney(s) appearing for the Case

Robin Charlow, New York City (The Legal Aid Soc., Federal Defender Services Unit), for defendant-appellant.

Robert Gage, New York City, Asst. U.S. Atty. for S.D.N.Y. (Rudolph W. Giuliani, U.S. Atty. for S.D.N.Y., Stuart E. Abrams, Asst. U.S. Atty., of counsel), for appellee.

Before FEINBERG, Chief Judge, and FRIENDLY and WINTER, Circuit Judges.

FEINBERG, Chief Judge:

Charles Simmons appeals from the judgment of the United States District Court for the Southern District of New York, Thomas P. Griesa, J., which held that the Speedy Trial Act, 18 U.S.C. §§ 3161-3174 (the Act), had not been violated by delay in processing appellant's suppression motion. On a prior appeal to this court, we found that, aside from the period of the pendency of the suppression motion, 68 days of non-excludable time had...

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