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United States v. Wecht

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


April 21, 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 21st day of April, the Court having received the Defendant's Supplement to the Suppression Record on Matters Sub Judice [1030], the Government's response thereto [1031], and the Defendant's reply [1032], and said filings being of material assistance to the Court and necessary for its resolution of the Defendant's Motion for Reconsideration of Denial of Rule 29 Motions, Denial of Motion to Dismiss Under 18 U.S.C. 666 and Denial of Suppression Motions [1008],

THE COURT HEREBY FINDS that the period of time from December 3, 2008 through April 13, 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).

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 28, 2009.

IT IS SO ORDERED.


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