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United States v. Guess

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


May 29, 2009

UNITED STATES OF AMERICA
v.
JOSEPH MICHAEL GUESS

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

ORDER

AND NOW, to wit, this 29th day of May, 2009, the Defendant having filed on September 23, 2008 a motion [43] for a hearing to determine the Defendant's competency, and the Court having held said hearing on April 3, 2009, and the transcript [99] of said hearing have been filed on April 20, 2009, and the parties having filed their respective proposed findings of fact and conclusions of law ([104] and [105]) on May 21, 2009,

IT IS HEREBY ORDERED that the period of time from September 23, 2008 through May 21, 2009 is excludable pursuant to 18 U.S.C. § 3161(h)(1)(A) (excluding from the Speedy Trial calculus periods of delay resulting from any proceeding to determine the mental competency or physical capacity of the defendant). Alternatively, IT IS ORDERED that this period of time is excludable pursuant to 18 U.S.C. § 3161(h)(1)(D) (pertaining to delays resulting from any pretrial motions concerning the defendant). See Henderson v. United States, 476 U.S. 321, 326-331 (1986) (18 U.S.C. § 3161(h)(1)(F), the predecessor provision to § 3161(h)(1)(D), 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 the filing of additional materials by the parties that are needed for proper disposition of the motion). See also United States 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).*fn1


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