United States v. Larue Monette Wilson

Appellant Larue Wilson’s appeal from her conviction on three counts of failure to file a tax return in violation of 26 U.S.C. § 7203 requires us to interpret the Speedy Trial Act of 1974, 18 U.S.C. § 3161 et seq., which provides that a trial shall commence

18 U.S.C. § 3161 (c)(1).

Wilson was arrested in Anchorage, Alaska, following the filing of an information in the Central District of California charging her with failure to file tax returns. After she made an initial appearance in district court in Anchorage on June 4, 1982, the case was ordered removed to the Central District of California. She first appeared in the Central District of California on July 6, 1982, and moved to change venue to Alaska on July -9. Her motion was granted on July 14, the papers in the case were transferred to the district court in Alaska by July 26, and she was tried and convicted there on September 22.

Wilson makes two different Speedy Trial Act arguments. She first contends that the Speedy Trial Act’s 70-day time limit for commencing trial began running when she appeared in district court in Anchorage to confront the charges against her on June 4, 1982. By her calculation, therefore, the trial…