What is the test for bringing a defendant to trial under the Speedy Trial Act?

MultiRegion, United States of America

The following excerpt is from U.S. v. Avila, 960 F.2d 152 (9th Cir. 1992):

Under the Speedy Trial Act, a defendant must be brought to trial within 70 days after the latter of the filing of the indictment or an appearance by the defendant before a judicial officer. 18 U.S.C. 3161(c). If a defendant is not brought to trial within the 70-day period, the court must dismiss the indictment upon the defendant's motion. 18 U.S.C. 3162(a)(2). In calculating the number of days between arraignment and trial, certain periods of delay are automatically exempted, including (1) time consumed by pretrial motions, "from the filing of the motion through the conclusion of the hearing on, or other prompt disposition of such motion," and (2) delay resulting from a continuance granted by the court if the court finds that "the ends of justice served by the granting of such continuance outweighs the best interests of the public and the defendant in a speedy trial." In addition, the 70-day period does not begin to run until the date upon which the last codefendant is arraigned. 18 U.S.C. 3161(h)(7); see also Henderson v. United States, 476 U.S. 321, 323 & n. 2. (1986) ("All defendants who are joined for trial generally fall within the speedy trial computation of the latest codefendant."); United States v. Morales, 875 F.2d 775, 777 (9th Cir.1989).

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