United States v. Jesus Landeros Morales

Jesus Landeros Morales appeals his conviction for conspiracy to distribute cocaine and possession with the intent to deliver cocaine. He contends that the district court should have dismissed the case against him because he was not brought to trial within seventy days as required by the Speedy Trial Act, 18 U.S.C. §§ 3161-3174 . We disagree and affirm.

FACTS AND PROCEEDINGS BELOW

Morales was charged in a four-count indictment with conspiracy to distribute cocaine and possession with the intent to deliver cocaine. The four-count indictment also charged three other individuals with offenses related to the conspiracy. The last codefendant, Frank Saballa, was not arraigned until September 10, 1987.

On September 16, 1987, the Government moved to consolidate the codefendants’ trials. On September 28, 1987, one of the co-defendants moved to extend the time for filing pretrial motions. Other defense pretrial motions were subsequently filed. The district court disposed of all the pretrial motions on November 6, 1987.

On December 31, 1987, Morales filed a motion to dismiss the indictment because he was not brought to trial within seventy days as required by the Speedy Trial Act. The…