United States v. Raymond James Hoslett

998 F.2d 648 UNITED STATES of America, Plaintiff-Appellee, v. Raymond James HOSLETT, Defendant-Appellant. Nos. 91-50868, 91-50869. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 5, 1992. Decided June 10, 1993. Gerald V. Scotti, Beverly Hills, CA, for defendant-appellant. Robert Brosio, Barbara M. Scheper, Asst. U.S. Attys., Los Angeles, CA, for plaintiff-appellee. Appeal from the United States District Court for the Central District of California. Before D.W. NELSON, REINHARDT, and KOZINSKI, Circuit Judges. REINHARDT, Circuit Judge: 1 This case involves the Speedy Trial Act. As in all such cases, the pretrial history is somewhat complicated. In early 1990, FBI special agent John Kuhn was assigned to investigate a spree of bank robberies in Ventura County, California. In the course of his efforts, Kuhn compared photos of appellant Raymond James Hoslett, who was on federal parole for bank robbery, with bank surveillance photos and decided that Hoslett was the culprit. Kuhn contacted Hoslett's parole officer, who told the agent that an arrest warrant had already been issued for Hoslett on unrelated parole violations. The agent showed the parole officer the…

This case involves the Speedy Trial Act. As in all such cases, the pretrial history is somewhat complicated. In early 1990, FBI special agent John Kuhn was assigned to investigate a spree of bank robberies in Ven-tura County, California. In the course of his efforts, Kuhn compared photos of appellant Raymond James Hoslett, who was on federal parole for bank robbery, with bank surveillance photos and decided that Hoslett was the culprit. Kuhn contacted Hoslett’s parole officer, who told the agent that an arrest warrant had already been issued for Hoslett on unrelated parole violations. The agent showed the parole officer the bank surveillance photos and he, too, identified the bank robber as Hoslett. FBI agents located Hos-lett at his place of employment in late February 1990 and arrested him. During an interview at FBI headquarters, Kuhn told Hoslett that he was a suspect in the bank robberies and questioned him about them. In a subsequent search of Hoslett’s vehicle, FBI agents seized a sawed off shotgun, which had no connection with the robberies, from the automobile’s trunk.

Hoslett was returned to prison to await a formal parole revocation hearing. In June 1990, it was…

dissenting in part:

The majority proceeds as if United States v. Lewis, 980 F.2d 555 (9th Cir.1992), left open the question we address today. It did not. Lewis held that “time that the trial judge expressly designates for the preparation of motions” is excludable under the Speedy Trial Act. Id. at 564 (emphasis added). Lewis is not limited to situations when the judge’s designation order comes in response to a request by one of the parties; nothing in the language or reasoning of the opinion supports any such distinction. To be sure, Lends didn’t expressly rule out such a distinction, just as it didn’t expressly rule out a distinction based on the fact that the defendant’s surname there began with an “L.” But if Lewis is distinguishable here, then there’s no case we can’t distinguish if we set our minds to it. †

The majority purports to find an opening in Lewis by observing that the case “does not answer the question of what actions by a trial *661 judge qualify as the ‘express designation’ of time for the preparation of pretrial motions and what actions do not.” Maj. op. at 654-55. But Lewis holds quite clearly that an order by the court is an express designation; Lewis doesn’t…