United States v. Harry H. Nance, United States of America v. Leon Stelly, United States of America v. Taybren Lee

Appellant Harry H. Nance was convicted of two counts and appellants Leon Stelly and Taybren Lee were convicted of one count of theft from interstate shipments, in violation of 18 U.S.C. § 659 (1976). The three were tried together and contend here as the principal ground of appeal that dismissal of their indictments is required by the Government’s failure to bring them to trial within the seventy day time limit imposed by the Speedy Trial Act, 18 U.S.C. § 3161 et seq. (1976 & Supp. Ill 1979).

The Speedy Trial Act requires the dismissal of the indictment against any defendant who is not brought to trial within seventy days. 18 U.S.C. §§ 3161 (c)(1), 3162(a)(2) (Supp. Ill 1979). The Act contains narrow, automatic exclusions from the strict time limits for necessary pretrial proceedings, treatment of a defendant, trials on other charges, interlocutory appeals, and unavailability of defendants or essential witnesses, among other reasons. 18 U.S.C. § 3161 (h)(l)-(7) (1976 & Supp. Ill 1979). In addition, in response to the concern that courts need discretion to respond to characteristics of individual cases similar to those granted automatic exclusion, the Act permits the trial court to…