Aviles

United States v. Aviles

Good Law
170 F.3d 863·99 Daily Journal DAR 2397·1999 WL 133263·1998 U.S. App. LEXIS 36918·99 Cal. Daily Op. Serv. 1847
United States Court of Appeals for the Ninth CircuitAugust 18, 1998Nos. 96-10110, 96-10167, 97-10251, 97-10289California3,459 words

Opinion

Lead Opinion

Noonan, J.

ORDER

The opinion filed on August 18, 1998 is amended as follows:

153 F.3d at 937, sec.6, ¶ 2: Remove the third sentence and “On the other hand,” from the fourth sentence and insert, “Yet, talcing into account all the factors in the application, an impartial judge could not have denied the application on the ground that the necessity for the wiretap had not been shown.”

Id. at 938: Under “Compliance With Speedy Trial Act” replace ¶ beginning “On these premises” and the calculations that follow with:

On these premises there were eight hundred and forty-seven excludable days. The Speedy Trial Act was not violated. Our calculations are as follows:

Motions Pending Excludable Days

12/21/92-3/3/93 73 days

4/12/93-5/24/93 43 days

6/7/93-2/18/94 257 days

3/14/94-4/6/94 24 days

4/11/94-5/20/94 40 days

6/10/94-6/11/95 367 days 804 days

Continuances Excludable Days

12/18/92-12/20/92 3 days

■ 4/25/93-6/6/93 13 days

2/19/94-3/13/94 23 days

4/7/94-4/10/94 4 days 43 days

TOTAL 847 days

OPINION

Rafael Cornejo, Salvador Aviles, Miguel Angel Barrenechea and Carlos A. Perez appeal their convictions and sentences for offenses involving the distribution of cocaine. Their principal…

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