U.S. v. WHITE

No. 16-1009.

920 F.3d 1109 (2019)

UNITED STATES of America, Plaintiff-Appellee, v. Jimmie Eugene WHITE, II, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 10, 2019.


Attorney(s) appearing for the Case

REARGUED: Christian D. Sheehan , VINSON & ELKINS LLP, Washington, D.C., for Appellant. Andrew Goetz , UNITED STATES ATTORNEY'S OFFICE, Detroit, Michigan, for Appellee. ON SUPPLEMENTAL BRIEF: Christian D. Sheehan , Jeremy C. Marwell , VINSON & ELKINS LLP, Washington, D.C., Kenneth P. Tableman , KENNETH P. TABLEMAN, P.C., Grand Rapids, Michigan, for Appellant. Andrew Goetz , UNITED STATES ATTORNEY'S OFFICE, Detroit, Michigan, for Appellee.

GRIFFIN, J. delivered the opinion of the court except with regard to the issue discussed in Section III.B, and delivered a separate opinion with regard to the issue discussed in Section III.B. GUY, J. (pp. 1118-19), delivered a separate opinion concurring in the majority opinion and in the judgment. CLAY, J. (pp. 1119-25), delivered a separate opinion concurring in the majority opinion in part and dissenting in part.


OPINION

Following our circuit's binding precedent, we previously held in this case that preindictment plea negotiations are "period[s] of delay resulting from other proceedings concerning the defendant" that are automatically excludable under 18 U.S.C. § 3161(h)(1) of the Speedy Trial Act. United States...

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