United States v. Van Velzer

ORDER

Appellant’s Petition for Rehearing is GRANTED without further oral argument.

The Memorandum Disposition filed on May 13, 2004 is withdrawn, and a new Memorandum Disposition will be filed contemporaneously with this order. No further petitions for rehearing will be entertained.

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…