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U.S. v. FULLER

No. 95-3710.

86 F.3d 105 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Andre FULLER, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided June 12, 1996.

Attorney(s) appearing for the Case

Lawrence Beaumont (argued), Office of U.S. Atty., Urbana Div., Urbana, IL, for U.S.

Andrea L. Smith (argued), Office of Federal Public Defender, East St. Louis, IL, for Andre Fuller.

Before POSNER, Chief Judge, and COFFEY and RIPPLE, Circuit Judges.

POSNER, Chief Judge.

The only issue presented by this appeal is whether the defendant's conviction should be set aside and the indictment dismissed because more than seventy days of nonexcludable time elapsed between his first appearance in court and the beginning of his trial. Speedy Trial Act, 18 U.S.C. § 3161. The district judge excluded a period of almost two months during which the defendant was in hospital for a psychiatric evaluation of his fitness to...

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