Fischer

United States v. Fischer

Good Law
219 F. App'x 683
United States Court of Appeals for the Ninth CircuitJanuary 23, 2007No. 04-50319California1,097 words

Opinion

Lead Opinion

MEMORANDUM **

Defendant-appellant Henry Heagh Fischer appeals his conviction of four counts of presenting false claims to the Internal Revenue Service in violation of 18 U.S.C. § 287 . 1 Fischer argues that the district court (1) violated his statutory right to speedy trial under the Speedy Trial Act of 1974, 18 U.S.C. § 3161 , et. seq. (the “Act”), (2) violated his Sixth Amendment right to speedy trial, and (3) abused its discretion in denying his motion to substitute counsel for a second time. We have jurisdiction under 28 U.S.C. § 1291 and we affirm the judgement of the district court in all respects.

STANDARD OF REVIEW

We review the district court’s application of the Speedy Trial Act de novo, United States v. Martinez-Martinez, 369 F.3d 1076, 1084 (9th Cir.2004), its decision on whether to dismiss an indictment for violation of the Sixth Amendment’s Speedy Trial Clause de novo, United States v. Gregory, 322 F.3d 1157, 1160-61 (9th Cir.2003), and its denial of a motion for substitution of counsel for abuse of discretion, United States v. Prime, 431 F.3d 1147, 1154 (9th Cir .2005).

SPEEDY TRIAL ACT CLAIM

The Speedy Trial Act generally requires that a federal criminal trial…

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