United States v. Shellef

*113POOLER, Circuit Judge:

I respectfully dissent, because I think it error to conclude that Section 3161(e) permits a district court to retroactively grant continuances for re-trial. The text of Section 3161(e) is silent on the issue of when a district court may identify the factors that make trial within 70 days impractical. However, our Court’s speedy trial jurisprudence provides us with a framework that informs the analysis and requires finding Section 3161(e) continuances be granted prospectively.

When a defendant is to be retried following a successful appeal, the Speedy Trial Act (the “Act”)…