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U.S. v. VAN SMITH

No. 06-3099.

530 F.3d 967 (2008)

UNITED STATES of America, Appellee v. Readie VAN SMITH, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided July 1, 2008.

Attorney(s) appearing for the Case

Mary E. Davis, appointed by the court, argued the cause and filed the briefs for appellant.

Sarah T. Chasson, Assistant U.S. Attorney, argued the cause for appellee. With her on the brief were Jeffrey A. Taylor, U.S. Attorney, and Roy W. McLeese, III, Thomas J. Tourish, Jr., and Jay I. Bratt, Assistant U.S. Attorneys.

Dissenting opinion filed by Circuit Judge ROGERS.

GRIFFITH, Circuit Judge:

"The Speedy Trial Act requires that a criminal trial must commence within 70 days of the latest of a defendant's indictment, information, or appearance, barring periods of excludable delay." Henderson v. United States, 476 U.S. 321, 326, 106 S.Ct. 1871, 90 L.Ed.2d 299 (1986). More than twenty-one months passed between Readie Van Smith's indictment and trial,...

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