United States v. Jose Luis Aviles-Alvarez

ALARCON, Circuit Judge:

Jose Luis Aviles-Alvarez appeals from his conviction after a jury trial for importing heroin and possessing heroin with intent to distribute in violation of 21 U.S.C. §§ 841(a)(1), 952, 960 and 963. Aviles-Al-varez contends that the district court should have dismissed the case against him because he was not brought to trial within 70 days as required by the Speedy Trial Act, 18 U.S.C. § 3161 et seq. We affirm because the district court’s finding that an unresolved pretrial motion was pending on the date the request for dismissal was heard was not clearly erroneous.

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