![]() ![]() ![]() 1994), precludes this court from excluding delay that is not directly attributable to consideration of the motion. There is no merit to Bass's argument that the Ninth Circuit's decision in United States v. Thus, the only issue before this court concerning the STA is whether the tolling of the STA's time limit due to pending motions is subject to a reasonableness requirement. Rather, Bass argues that some of the motions should not have tolled the seventy-day limit because the delay attributable to them was not reasonable. Further, he does not argue that any of the motions did not require a hearing. At oral argument, Bass conceded that fewer than seventy days had elapsed in which motions were not pending or under advisement by the court. excludes a maximum of 30 days from the day the motion is `actually under advisement' by the court." United States v. excludes all the time between the filing of the motion and the conclusion of the hearing on that motion. For instance, " f a motion requires a hearing. Certain pretrial delays are excluded from this time. The STA provides that a defendant must be tried within seventy days of the latest of either the filing of an indictment or information, or the first appearance before a judge or magistrate. There was no Speedy Trial Act (STA) violation in this case because fewer than seventy non-excludable days elapsed during the years between Bass's arraignment and trial. Bass now appeals, arguing that (1) the government violated the Speedy Trial Act by delaying six years before trying him (2) the government violated his Sixth Amendment right to a speedy trial (3) the district court abused its discretion by not conducting an evidentiary hearing on his ineffective assistance of counsel claim and (4) his sentence violated the Sixth Amendment and United States v. ![]() ยง 846 and firearms murder during or in relation to a drug trafficking crime in violation of 18 U.S.C. A jury convicted Bass of conspiracy to distribute five kilograms or more of cocaine and fifty grams or more of cocaine base in violation of 21 U.S.C. Due to the complexity of the case, the numerous motions filed, and a lengthy interlocutory appeal that reached the Supreme Court of the United States, it was not until July 2003 that Bass was tried pursuant to his third superseding indictment. He was taken into federal custody in September 1998 and arraigned the following month. In August 1997, John Bass was indicted on a single count of conspiracy to distribute cocaine base. ![]()
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