United States v. John Malcolm Cobb, IV

GEORGE C. PRATT, Circuit Judge:

Only one issue is presented on this appeal: whether Judge Curtin erred in refusing to exclude from the speedy trial calculation 27 days between defendant’s oral motion to suppress evidence and the date other periods of excludable delay took effect. If that time is not excluded from the calculation, then as Judge Curtin held, the Speedy Trial Act’s 70-day limit for bringing defendant to trial was exceeded, and the indictment was properly dismissed. If that time is excluded, as the government contends it must be, then the allowable 70-day time period did not…