United States v. Howard Stanton Lewis

Howard Stanton Lewis appeals from his judgment of conviction under 18 U.S.C. § 2314 alleging that it should be reversed because of various violations of his rights under the Speedy Trial Act (“STA”), 18 U.S.C. §§ 3161-3174 (1985 & Supp.1992). Finding these contentions without merit, we affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

On March 20, 1990, a one-count complaint and arrest warrant were issued by the District Court for the District of Arizona charging Lewis with Interstate Transportation of Money Obtained by Fraud in violation of 18 U.S.C. § 2314 . On that date Lewis was in custody in San Jose, California on unrelated charges.

On July 24, 1990, while incarcerated in San Jose, Lewis was served with a grand jury subpoena from the District of Arizona requiring him to produce true and natural handwriting exemplars. Lewis’s attorney at that time contacted counsel for the government and suggested that the government use handwriting exemplars already provided by Lewis to United States Postal Inspectors in the California case (“Postal exemplars”). The government acquiesced in using the Postal exemplars in lieu of enforcing the subpoena and Lewis’s attorney agreed to provide…