United States v. Kenneth R. Bruce

56 F.3d 73 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Kenneth R. BRUCE, Defendant-Appellant. No. 94-50089. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 9, 1995. Decided May 24, 1995. Appeal from the United States District Court for the Southern District of California, No. CR-89-00115-05-IE; Irma E. Gonzalez, District Judge, Presiding. S.D.Cal. [Appeal After Remand From 976 F.2d 552 ]. CONVICTION REVERSED AND CASE REMANDED. 1 Before: BRUNETTI and KOZINSKI, Circuit Judges, and SHADUR, * District Judge. 2 MEMORANDUM ** 3 Under the Speedy Trial Act, a defendant who has successfully appealed his conviction must be retried within seventy days of "the date the action occasioning the retrial becomes final." 18 U.S.C. Sec. 3161 (e). The action occasioning retrial here was the issuance of the mandate in United States v. Bruce, 976 F.2d 552 (9th Cir. 1992) (Bruce I). See United States v. Crooks, 826…