United States v. Jose Luis Aviles-Alvarez
Opinion
Opinion
Alarcon, J.
Jose Luis Aviles-Alvarez appeals from his conviction after a jury trial for importing heroin and possessing heroin with intent to distribute in violation of 21 U.S.C. §§ 841 (a)(1), 952, 960 and 963. Aviles-Al-varez contends that the district court should have dismissed the case against him because he was not brought to trial within 70 days as required by the Speedy Trial Act, 18 U.S.C. § 3161 et seq. We affirm because the district court’s finding that an unresolved pretrial motion was pending on the date the request for dismissal was heard was not clearly erroneous.
I
On April 8, 1987, Aviles-Alvarez was charged in a two count indictment with importation of heroin and possession of heroin with intent to distribute in violation of 21 U.S.C. §§ 841 (a)(1), 952, 960 and 963.
On April 9, 1987, the case was assigned to Judge Brewster and continued until April 13, 1987. On April 13, 1987, the district court continued the case until May 11, 1987, for a motion hearing and trial setting. On April 27, 1987, Aviles-Alvarez filed motions (1) to suppress his statements, (2) to compel further discovery, and (3) to set a further motion hearing date.