United States v. Koerber

PHILLIPS, Circuit Judge.

In May 2009, a federal grand jury indicted Claud Koerber on one count each of mail fraud, wire fraud, and tax evasion. In November 2009 and September 2011, the grand jury returned two additional superseding indictments, ultimately charging Koerber with 20 counts related to his alleged Ponzi scheme. All told, Koerber’s case remained pending for more than five years without ever reaching trial. In August 2014, on Koerber’s motion, the district court found a violation of the Speedy Trial Act (STA), 18 U.S.C. §§ 8161-3174, which requires the government to commence trial…