United States v. Evaristo B. Fontanilla

Appellant appeals his conviction on the grounds that he was not brought to trial within the time limits established by the Speedy Trial Act. He also challenges the imposition of consecutive sentences for his conviction on two counts of using a firearm during a crime of violence. We affirm.

I

On July 23, 1986, while aboard a bus on his way to work at the Pearl Harbor Naval Shipyard, appellant shot and killed Alfonso Chamizo, and shot and wounded Clarence Honda. Appellant was then shot by himself and by police who responded to the scene. Appellant was indicted on August 14, 1986 on one count for murder, two counts of assault, and three counts of using a firearm during a crime of violence.

Following a bench trial, appellant was found guilty on two substantive counts, and on two related counts for using a firearm during a crime of violence. The court sentenced appellant to ten years on Count One, five years of probation on Count Three, and two consecutive five-year terms on the firearms counts. Appellant timely appeals.

II

The Speedy Trial Act mandates dismissal of an indictment if more than seventy days of unexcluded time elapses between the defendant’s first appearance or…