United States v. Van Velzer

MEMORANDUM ***

David Van Velzer (“Van Velzer”) appeals the district court’s decision to dismiss his indictment for violations of the Speedy Trial Act (“STA”), 18 U.S.C. §§ 3161-62 , without prejudice. He also argues that the trial delay violated his Sixth Amendment right to a speedy trial, and that the district court plainly erred by failing to include aiding and abetting instructions in its instruction to the jury on wire fraud.

The district court properly considered the three non-exclusive factors regarding prejudice provided by the STA, 18 U.S.C. § 3162 (a)(2). See United States v. Taylor, 487 U.S. 326, 337 , 108 S.Ct. 2413 , 101 L.Ed.2d 297 (1988). Van Velzer’s crime was clearly serious, the facts and circumstances causing the delay were almost all directly or indirectly attributable to Van Velzer himself, and the impact of reprosecution on the administration of justice or the STA is minimal in light of these precipitating circumstances. See Taylor, 487 U.S. at 337 . The factual findings relied on by the district court in making its STA calculations were also not clearly erroneous. See United States v. Ramirez-Cortez, 213 F.3d 1149, 1153 (9th Cir.2000); United States v.…