Daane

MEMORANDUM *

Appellants William Daane, Tere Daane, Glenn Trent, Richard Miller, and John Arn appeal their convictions for conspiracy and attempt to commit extortion.

1. Because (a) appellants’ ex parte application was a pretrial motion resulting in excludable time pursuant to the Speedy Trial Act, even though later declared moot; and (b) because appellant Arn’s application for the modification of his pretrial release conditions also was a pretrial motion providing excludable time, no violation of the Speedy Trial Act occurred. See United States v. Wirsing, 867 F.2d 1227, 1230-31 (9th Cir.1989).

2. The district court’s misreading of a single phrase in the conspiracy instruction did not constitute plain error, because the written instructions provided to the jury properly stated the requisite conspiracy elements and unanimity requirement. See United States v. Ancheta, 38 F.3d 1114, 1117 (9th Cir.1994).

*511 3. The district court properly rejected appellants’ proffered factual impossibility instruction, as impossibility is not a defense to conspiracy or attempt. See United States v. Rodriguez, 360 F.3d 949, 957 (9th Cir.2004) (holding that impossibility is not a defense to…