United States v. Shellef, No. 11-876 (2d Cir. 2013)
Annotate this CaseDefendant appealed his conviction, seeking vacatur of the judgment and dismissal of the indictment with prejudice on the ground that he was not retried following an earlier mandate of this court within the time prescribed by the Speedy Trial Act, 18 U.S.C. 3161(e). The court concluded that, however preferable section 3161(e) findings extending the time for retrial to be made within the initial 70-day retrial period, the statute itself did not impose such a requirement. For that reason, and because the court identified no error in the district court's decision to grant an extension to 180 days or in its determination that defendant was tried within that time, the court affirmed the judgment.
The court issued a subsequent related opinion or order on June 19, 2013.
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