U.S. v. TYLER

No. 88-3498.

878 F.2d 753 (1989)

The UNITED STATES v. Harry David TYLER, Gloria Watkins. Appeal of Harry David TYLER.

United States Court of Appeals, Third Circuit.

Decided June 30, 1989.


Attorney(s) appearing for the Case

J. Alan Johnson, U.S. Atty., Bonnie R. Schlueter (argued), Asst. U.S. Atty., Pittsburgh, Pa., for appellee.

George E. Schumacher, Federal Public Defender, Thomas S. White (argued), Asst. Federal Public Defender, Pittsburgh, Pa., for appellant.

Before SEITZ, STAPLETON and COWEN, Circuit Judges.


OPINION OF THE COURT

STAPLETON, Circuit Judge:

In this appeal from a criminal conviction, the defendant raises several issues for review, the principal one being whether the government's filing of a petition for writ of mandamus tolls the running of the Speedy Trial Act, 18 U.S.C. § 3161 et seq., until adjudication of the action by the court of appeals. The district court held that the time taken to process the petition is excludable for purposes...

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