Legal Opinion
United States v. Jonathon Marc Sutter
Court of Appeals for the Ninth Circuit
Decided November 4, 2003No. 02-50282PublishedCited by 30 opinions
1Opinion of the Court
BERZON, Circuit Judge.
The tick-tock of the Speedy Trial Act clock is difficult to measure when the parties allow a pre-trial discovery motion to pend indefinitely in the absence of any live discovery dispute. We conclude that where a discovery motion is pending on the docket, but the district court is neither awaiting additional submissions nor has indicated that the motion requires a future hearing, the discovery motion is “under advisement” under 18 U.S.C. § 3161(h)(l)(J), and a maximum of thirty days can be excluded under that provision.
On the unique facts of this case, however, there was…
2Cases cited19 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Henderson v. United StatesSupreme Court of the United States · 1986
- United States v. John Charles Richard MentzCourt of Appeals for the Sixth Circuit · 1988
- United States v. Elizabeth Chalkias (91-3528) Hendrick Gil (91-3783) and Mercedes Rodriguez (91-3773)Court of Appeals for the Sixth Circuit · 1992
- United States v. OgbuehiCourt of Appeals for the Ninth Circuit · 1994
14 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- United States v. MarksCourt of Appeals for the Ninth Circuit · 2008
- United States v. AbbouchiCourt of Appeals for the Ninth Circuit · 2007
- United States v. Harris, AnthonyCourt of Appeals for the D.C. Circuit · 2007
- United States v. SeljanCourt of Appeals for the Ninth Circuit · 2008
- United States v. WilliamsCourt of Appeals for the Tenth Circuit · 2007
25 more not listed; retrieve them via the Exa API.