Aviles
United States v. Aviles
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…