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United States v. Wecht

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA


March 25, 2009

UNITED STATES OF AMERICA
v.
CYRIL H. WECHT

The opinion of the court was delivered by: Sean J. McLAUGHLIN United States District Judge

ORDER

AND NOW, to wit, this 25th day of March, 2009, this Court having found that supplemental argument on the Defendant's pending Motion [1008] for Reconsideration of Denial of Rule 29 Motions, Denial of Motion to Dismiss Under 18 U.S.C. Section 666 and Denial of Suppression Motions was necessary for proper disposition of said motion, and having held a supplemental argument on March 20, 2009, and the transcript of said argument having been filed on March 24, 2009,

THE COURT HEREBY FINDS that the period of time from December 3, 2008 through March 24, 2009 is excludable pursuant to 18 U.S.C. § 3161(h)(1)(F). See 18 U.S.C. § 3161(h)(1)(F) (excluding periods of delay which result from any pretrial motion, from the filing of the motion through the conclusion of the hearing on such motion).*fn1

See also Henderson v. United States, 476 U.S. 321, 331 (1986) (18 U.S.C. § 3161(h)(1)(F) excludes all time between the filing of the pretrial motion and the hearing thereon, as well as all time following the hearing during which the court awaits all submissions by counsel that are needed for proper disposition of the motion); U.S. v. Mora, 135 F.3d 1351, 1355 n.2 (10th Cir. 1998) (excludable time under § 3161(h)(1)(F) may include the time during which the court awaits the preparation of the transcript, if such is necessary for the proper disposition of the motion); United States v. Blankenship, 67 F.3d 673, 676-77 (8th Cir. 1995) (same).

To the extent that any party objects to this Court's calculation under the Speedy Trial Act, such party must file an objection on or before April 1, 2009.

IT IS SO ORDERED.


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