United States v. Jesse James Passmore

87 F.3d 1324 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jesse James PASSMORE, Defendant-Appellant. No. 95-50242. United States Court of Appeals, Ninth Circuit. Submitted June 7, 1996. * Decided June 13, 1996. 1 Before: BRUNETTI and RYMER, Circuit Judges, and TANNER, ** District Judge. 2 MEMORANDUM *** 3 Jesse James Passmore appeals his jury conviction for one count of bank robbery in violation of 18 U.S.C. § 2113 (a), on the ground that the district court erred in refusing to dismiss his indictment based on excessive pre-indictment and pre-trial delay. We have jurisdiction, 28 U.S.C. § 1291 , and we affirm. 4 * Passmore contends that he was not indicted within 30 days of his arrest, as required by the Speedy Trial Act. 1 This argument fails because "only a federal arrest will trigger the running of the 30-day time period under section 3161(b)," United States v. Redmond, 803 F.2d 438, 440 (9th Cir.1986)…