United States v. Schnejer Zalman Gurary and Nochum Sternberg

JON O. NEWMAN, Circuit Judge:

The Speedy Trial Act normally requires return of an indictment within thirty days after a defendant has been arrested, 18 U.S.C. § 3161(b) (1982), but permits a continuance upon a determination that “the ends of justice served by taking such action outweigh the best interest of the public and the defendant in a speedy trial,” id. § 3161(h)(8)(A). Rule 5(c) of the Federal Rules of Criminal Procedure requires that a defendant, not in custody, be accorded a preliminary hearing, for a determination of probable cause, within twenty days of his initial appearance but…