Circuit split · criminal procedure

Whether time requested for preparing pretrial motions is excludable delay under the Speedy Trial Act's speedy-trial clock.

1 federal appellate case on this question, each acknowledging the disagreement in its own words.

United States v. Suarez-Perez484 F3D 537
Eighth Circuit Court of Appeals · April 18, 2007
“We also recognize there is a circuit split on the issue of whether the time requested for preparing pretrial motions is excluded from the speedy trial clock.” — Acknowledges a circuit split
Empirical analysis of this case →

The provision at issue

18 U.S.C. § 3161 — Time limits and exclusions

“(a) In any case involving a defendant charged with an offense, the appropriate judicial officer, at the earliest practicable time, shall, after consultation with the counsel for the defendant and the attorney for the Government, set the case for trial on a day certain, or list it for trial on a weekly or other short-term trial calendar at a place within the judicial district, so as to assure a speedy trial. (b) Any information or indictment charging an individual with the commission of an offense shall be filed within thirty days from the date …”

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The other side of the split

Decisions the acknowledging court(s) named as the opposing or joined side, quoted in the acknowledging opinion's own words.

Discussed · 9th Cir.United States v. Lewis980 F.2d 555
Discussed · D.C. Cir.United States v. Wilson835 F.2d 1440
Discussed · 7th Cir.United States v. Tihboel753 F.2d 608
Discussed · 1st Cir.United States v. Jodoin672 F.2d 232
On the other side · 6th Cir.United States v. Moran998 F.2d 1368
“However, the Sixth Circuit has stated, "The statute does not provide that a period allowed by the district court for preparation of pretrial motions is to be excluded from the seventy-day computations.” Moran, 998 F.2d at 1371 .” — United States v. Suarez-Perez, acknowledging the split

What the split turns on

Statutes:: § 3162(a)(2) ·; 18 U.S.C. § 3161(d)(1) ·; 18 U.S.C. § 3288

Cases are grouped by the legal question they announce a split on, classified from the court's own acknowledgment sentence. Verified acknowledgments only. Counter-side decisions are extracted from the acknowledging opinions' own text and linked only when the citation resolves in this corpus. See all circuit splits.