Supreme Court of the United States
United States v. Tinklenberg
May 26, 2011563 U.S. 647
Summary
The Court held that the Speedy Trial Act's exclusion for pretrial motions applies automatically upon filing regardless of whether they actually caused trial delay, and that the exclusion for transportation includes weekends and holidays in its 10-day limit. Although the Court disagreed with the Sixth Circuit's statutory interpretations on both points, the errors canceled each other out so the result that the Act was violated was affirmed. Justice Scalia concurred in part and in the judgment, emphasizing the text clearly supports the automatic exclusion.
Holding
- Application of Speedy Trial Act exclusion for pretrial motions under §3161(h)(1)(D). The exclusion applies automatically upon filing of a pretrial motion irrespective of whether it actually causes or is expected to cause delay of trial
- Incorporation of Rule 45(a) into transportation exclusion under §3161(h)(1)(F). The exclusion does not incorporate Rule 45(a); weekend days and holidays are included in the 10-day period under common-law rules
Docket 09-1498
Cited authorities
- CA10
- CA11
- CA11
- 18 U.S.C. §3161
- Fed. R. Crim. P. 45(a)
- 18 U.S.C. §3161
- 18 U.S.C. §922
- 21 U.S.C. §843
Cited by
- United States of America, Appellee v. Michael Lewis, Defendant, Appellant
- United States of America v. Kevin Earl Spring
- Malley v. San Jose Midtown Development LLC
- Malley v. San Jose Midtown Development LLC
- United States v. Kenneth William Klanseck
- United States v. Antwan Criswell
- Richard Reid, Movant/defendant v. United States of America, Respondent/plaintiff
- United States of America, Plaintiff-Appellee v. Jason Curtis Brown, Defendant-Appellant