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U.S. v. BEARD

Nos. 92-9217, 92-9229.

41 F.3d 1486 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Woodrow Larry BEARD, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Timothy BARNES, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

January 10, 1995.

Attorney(s) appearing for the Case

Jake Arbes, Office of Jake Arbes, Atlanta, GA, for appellant in No. 92-9217.

H. Allen Moye, Asst. U.S. Atty., Joe D. Whitley, Amy Levin Weil, U.S. Attys., Atlanta, GA, for appellees.

Ted B. Herbert, Office of Ted B. Herbert, Marietta, GA, for appellant in No. 92-9229.

Before KRAVITCH and DUBINA, Circuit Judges, and GIBSON, Senior Circuit Judge.

KRAVITCH, Circuit Judge:

Whether the time calculated under the Speedy Trial Act, 18 U.S.C. §§ 3161-74, is tolled during the pendency of a pretrial motion, is the main issue presented. Because we hold that the time during which Appellants' pretrial James motions were pending is excludable under the Act, we AFFIRM the district court's order denying Appellants' motions to dismiss their indictments.

I.

Beard was arrested in October 1988...

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