Farias

MEMORANDUM **

Jesus Carlos Farias (“Farias”) appeals his conviction on federal drug trafficking charges. The facts and procedural history are known to the parties and are not included herein except as necessary to explain our decision.

Farias claims (1) that the district court should have granted his motion to dismiss for violation of the Speedy Trial Act and (2) that the district court should not have refused a downward departure in sentencing for diminished mental capacity and for substantial assistance. We affirm.

I. Speedy Trial

Farias claims that his rights under the Speedy Trial Act were violated where ninety-seven days elapsed between his ini *608 tial arraignment and trial as opposed to the seventy days permitted under the Act. Farias was arraigned on the First Superseding Indictment on January 13, 2000, starting the speedy trial clock. On February 2, Farias’ co-defendant filed the first of a series of pre-trial motions, many of which were not resolved until April 7, 2000. On March 20, Farias’ original trial date, the government filed a Second Superseding Indictment, and trial was postponed until April 24, 2000.

Farias contends that the forty-six-day delay, which…