Tewid

MEMORANDUM *

Defendant-Appellant Marky Tewid appeals his conviction following a guilty verdict on the sole charge of illegal reentry of a removed alien. We affirm. Because the parties are familiar with the factual and procedural history of this case, we need not recount it here.

Tewid claims that the district court erred in denying his motion to dismiss the indictment because his rights under the Speedy Trial Act, 18 U.S.C. § 3161 et. seq., had been violated.

The district court denied Tewid’s motion reasoning that the pretrial delays that occurred were attributable to Tewid’s mental incompetency and to pending motions and proceedings pursuant to that incompetency, the time for which was excludable under 18 U.S.C. § 3161 (h)(1); 18 U.S.C. § 3161 (h)(1)(F); and 18 U.S.C. § 3161 (h)(4). After a careful review of the record, we conclude that the district court was correct in its assessment.

In construing 18 U.S.C. § 3161 (h)(1)(F), the Supreme Court has held that Congress intended, “to exclude from the Speedy Trial Act’s 70-day limitation all time between the filing of a motion and the conclusion of the hearing on that motion, whether or not a delay in holding that hearing is…