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U.S. v. VOGL

No. 03-1132.

374 F.3d 976 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Rocky J. VOGL, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 7, 2004.

Attorney(s) appearing for the Case

Philip A. Cherner, Law Office of Philip A. Cherner, Denver, CO, for Defendant-Appellant.

James C. Murphy, Assistant U.S. Attorney, Denver, CO (John W. Suthers, U.S. Attorney, Denver, CO, with him on the briefs), for Plaintiff-Appellee.

Before EBEL, BRISCOE and TYMKOVICH, Circuit Judges.

EBEL, Circuit Judge.

Rocky Vogl ("Defendant") entered a conditional plea of guilty to a charge of cultivating marijuana, and then appealed in part on the ground that his rights under the Speedy Trial Act had been violated. We held that the district court had erred in finding an "ends of justice" continuance under 18 U.S.C. § 3161(h)(8)(A), and remanded for the court to determine whether Defendant's speedy trial clock...

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