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United States v. Dennington

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


July 8, 2009

UNITED STATES OF AMERICA
v.
DUSTAN DENNINGTON

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

ORDER

AND NOW, to wit, this 8th day of July, 2009, the Defendant having filed a motion [62] to suppress evidence on April 7, 2009 and the Court having held oral argument concerning said motion on June 12, 2009 and having further determined that a review of the transcript is necessary for proper disposition of the pending motion, and the transcript [65] of said argument having been filed this same date,

THE COURT HEREBY FINDS that the period of time from April 7, 2009 through July 8, 2009 is excludable time pursuant to 18 U.S.C. § 3161(h)(1)(D).*fn1 See Henderson v. United States, 476 U.S. 321, 326-331 (1986) (finding that 18 U.S.C. § 3161(h)(1)(F) -- the subsection under which § 3161(h)(1)(D) was previously codified -- 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); 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).

IT IS SO ORDERED.


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