United States v. John E. Crooks, United States of America v. Joseph R. Laird, Jr., United States of America v. John E. Crooks and Joseph R. Laird

CANBY, Circuit Judge:

Defendants Crooks and Laird both petition for rehearing of our decision affirming their convictions, United States v. Crooks, 804 F.2d 1441 (9th Cir.1986). In rejecting their petitions, we find it necessary to modify the analysis of the Speedy Trial Act that we adopted in our prior opinion.

The issue we dealt with was how to measure the period of excludable delay that § 3161(h)(1)(E) specifies for an interlocutory appeal. 18 U.S.C. § 3161(h)(1)(E). The question was when the excludable period ended. We applied § 3161(e) by analogy; that section applies to retrials, and…