United States v. Sposito

TORRUELLA, Chief Judge.

Defendant-appellant Michael Sposito was convicted of illegal gambling and aiding and abetting illegal gambling in violation of 18 U.S.C. § 1955. He now appeals the district court’s denial of his motion to dismiss for violation of the Speedy Trial Act (“STA”), 18 U.S.C. §§ 3161-3167, and the district court’s admission into evidence of the prior immunized testimony of Louis Padova under the residual exception to the hearsay rule.

I. The Speedy Trial Act

A. Standard of Review

In reviewing an STA ruling, we examine factual questions under a clear error standard and legal…