Figueroa

*405 MEMORANDUM **

Georgina Figueroa (“Figueroa”) appeals her conviction for smuggling illegal aliens into the United States both for financial gain and without presentation under 8 U.S.C. § 1324 (a)(2)(B) and 18 U.S.C. § 2 . She argues that her conviction violates the Speedy Trial Act (“STA”), 18 U.S.C. § 3161 (c)(1), and that the indictment erroneously charged both attempt and the underlying substantive offense. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

We review de novo a district court’s application of the STA, United States v. Brickey, 289 F.3d 1144, 1150 (9th Cir.2002), as well as a district court’s denial of a motion to dismiss an indictment for noncompliance with the STA, United States v. Symington, 195 F.3d 1080, 1090-91 (9th Cir.1999). We also evaluate an allegedly duplicitous indictment, which is a question of law, de novo. United States v. Garlick, 240 F.3d 789, 791 (9th Cir.2001). Likewise, we review de novo a district court’s decision not to dismiss an allegedly duplicitous indictment. United States v. Ramirez-Martinez, 273 F.3d 903, 913 (9th Cir.2001).

The STA requires that a criminal defendant be tried within seventy days of the filing…