Florez
United States v. Florez
Opinion
Lead Opinion
MEMORANDUM **
A jury convicted Alfredo Garibay-Lara, Jaime Moreno, and Manuel Florez on a second superseding indictment for conspiracy to distribute methamphetamine, 1 and for the use of a firearm in relation to a drag trafficking offense. 2 It also convicted Garibay-Lara on two substantive counts of distributing methamphetamine. 3 We affirm on all issues with the exception of Florez’s conviction on Count IV, which we reverse.
A. Speedy Trial Act Violation
We review the district court’s application of the Speedy Trial Act de novo, and we review the district court’s findings of fact for clear error.
The court arraigned Garibay-Lara on June 4, 1999, and Moreno on June 18, 1999, and arraigned Florez on a superseding indictment on November 30, 1999. The trial did not start until August 29, 2000. Assuming no exclusion of time, the seventy days in which to begin trial had passed as to all defendants.
The district court calculated that only thirty-seven days had elapsed on the defendants’ Speedy Trial clock. The court based its conclusion on the facts that the *25 Speedy Trial Act does not begin to run until the arraignment of the last eodefendant, 5 and that the ends of justice…