Horne

United States v. Horne

Good Law
117 F. App'x 519
United States Court of Appeals for the Ninth CircuitDecember 1, 2004Nos. 03-50365, 03-50366, 03-50367, 03-50460; D.C. No. CR-02-00625-MJL, CR-02-00624-MJL, CR-02-00625-MJL, CR-02-00625-MJL-03California869 words

Opinion

Lead Opinion

MEMORANDUM **

Lawayne Horne, Robert Leonard Hood, and Steven Hicks appeal their convictions for conspiracy to distribute cocaine and cocaine base. 18 U.S.C. §§ 846 , 841(a)(1). We affirm as to Horne and dismiss as to Wood and Hicks.

(1) Horne asserts that his rights under the Speedy Trial Act were violated. See 18 U.S.C. §§ 3161-3174 . We disagree. It is true that he was not brought to trial within seventy days of his first appearance at arraignment. See 18 U.S.C. § 3161 (c)(1). However, we have carefully reviewed the record, and the periods of delay in this very complicated twelve-defendant case were all properly excluded from the seventy-day calculation. See 18 U.S.C. § 3161 (h)(1)(F), (h)(7). The delays on account of codefendants’ motions (including discovery motions) were reasonable. See United States v. Messer, 197 F.3d 330, 336 (9th Cir.1999); United States v. Butz, 982 F.2d 1378, 1381-82 (9th Cir. 1993). Moreover, the time while Horne’s *521 own motion to sever (not to mention his other occasional motions) was pending and unsubmitted was properly excluded. See Henderson v. United States, 476 U.S. 321, 326-30 , 106 S.Ct. 1871, 1874-77 , 90 L.Ed.2d 299 (1986); United States…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.