United States v. John E. Crooks, United States of America v. Joseph R. Laird, Jr., United States of America v. John E. Crooks and Joseph R. Laird

Defendants Crooks and Laird both petition for rehearing of our decision affirming their convictions, United States v. Crooks, 804 F.2d 1441 (9th Cir.1986). In rejecting their petitions, we find it necessary to modify the analysis of the Speedy Trial Act that we adopted in our prior opinion.

The issue we dealt with was how to measure the period of excludable delay that § 3161(h)(1)(E) specifies for an interlocutory appeal. 18 U.S.C. § 3161 (h)(1)(E). The question was when the excludable period ended. We applied § 3161(e) by analogy; that section applies to retrials, and requires that retrial “commence within seventy days from the date the action occasioning the retrial becomes final.” 18 U.S.C. § 1361 (e). We accordingly held that the period of excludable delay caused by an interlocutory appeal ended when the action occasioning further proceedings after the interlocutory appeal became final. We then held, and this is the point we must modify, that the action occasioning retrial became final when our mandate was received by the district court.

Petitioner Crooks points out that our ruling was inconsistent with our decision in United States v. Ross, 654 F.2d 612 (9th Cir.1981),…