United States v. Elliott Van Brandy, Gardie Shine, and Charles Patterson

(1) Introduction: Van Brandy and Shine each appeals from a judgment convicting him of conspiracy to commit robbery and of attempted bank robbery. Patterson appeals from a judgment convicting him of aiding and abetting attempted bank robbery. The three judgments were entered after a jury trial. Appellants have, between them presented three contentions on appeal: (a) that their trial was not commenced within the maximum time allowable under the Speedy Trial Act (all three appellants raise this issue); (b) that the trial court erred in not compelling the government to produce an informant file maintained by the Federal Bureau of Investigation (only Van Brandy and Patterson raise this issue); and (c) that Patterson’s conviction for aiding and abetting attempted bank robbery was fatally inconsistent with his acquittal on a conspiracy to commit bank robbery charge (Patterson’s contention alone). None of these contentions is meritorious.

(2) Speedy Trial Act: The Speedy Trial Act [ 18 U.S.C. §§ 3161 et seq., hereinafter “Act” or “§ 3161”] requires that the trial of a defendant shall commence within 70 days from the filing of the indictment [§ 3161(c)(1) ], unless expanded by the…