United States v. Craig Clark Wirsing and Arthur Robert Lenz

Defendants Craig Clark Wirsing and Arthur Robert Lenz appeal their criminal convictions, contending that the district court erred in not granting their motions to dismiss for violation of the Speedy Trial Act, 18 U.S.C. § 3161 (c)(1). In particular, appellants challenge various rulings excluding time from Speedy Trial Act calculation. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. PROCEDURAL AND FACTUAL BACKGROUND

A complaint was filed against appellants, Donna Lee Anderson and Floyd Kermit Bowers, on July 14, 1986. All four defendants were subsequently indicted on July 22, 1986 for violation of 21 U.S.C. § 846 (conspiracy to possess with intent to distribute marijuana). They were arraigned on July 24, 1986 and trial was set for September 9, 1986.

On September 2, a First Superseding Indictment (the “second indictment”) was filed against the same four defendants. The second indictment contained seven counts, including the previous charge for violation of 21 U.S.C. § 846 . The other six counts charged various defendants with crimes related to their drug activity.

On September 4, the district court, by minute order, vacated the September 9 trial date. The…