United States v. Ricardo Bonilla

MEMORANDUM

Defendant Ricardo Bonilla appeals his conviction of conspiracy to defraud the United States, in violation of 18 U.S.C. § 286 , in connection with a large fraudulent tax-refund scheme. Bonilla contends that the district court erred in denying his motion to dismiss the indictment due to his asserted violations of his statutory and constitutional speedy trial rights. We have jurisdiction under 28 U.S.C. § 1291 . We affirm.

1. The district court properly granted the two trial continuances based on the “ends of justice” exclusion under 18 U.S.C. § 3161 (h)(7), because the continuances were limited in time and justified on the record with reference to the facts as of the time the delay was ordered. See United States v. Lewis, 611 F.3d 1172, 1176 (9th Cir.2010). Both continuances were limited in time. The continuances were also justified on the record by the complexity of this case and defense counsel’s requests for adequate time to prepare for trial.

2. Bonilla does not contest that the statutory factors support the district court’s grant of the continuances; rather, he contends that his statutory speedy trial rights were violated because the government did not timely…