Griffey

MEMORANDUM *

Darrel L. Griffey appeals his conviction and the sentence imposed following a jury trial on three counts of drug charges. Griffey contends that his statutory right to a speedy trial was violated and that his sentence should be vacated and remanded pursuant to United States v. Booker, — U.S. -, 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005). 1 We have jurisdiction pursuant to 18 U.S.C. § 3742 and 28 U.S.C. § 1291 . We affirm the conviction but remand the sentence to the district court.

We reject Griffey’s contention that the district court’s January 2003 order granting co-defendant Merlin Brower’s motion for a continuance did not sufficiently weigh the necessary factors in determining that a continuance would serve the ends of justice. 2 Contrary to Griffey’s contention, the continuance that he challenges was not based on the “ends of justice” exclusion, found in 18 U.S.C. § 3161 (h)(8)(A), but on the need to conduct a mental examination of Brower, which is a *866 delay that is expressly excludable under 18 U.S.C. § 3161 (h)(1)(A). The statute does not require consideration of the “ends of justice” factors for excluding a period of delay resulting from proceedings to…