Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

UNITED STATES v. WOLLSCHLAGER

May 18, 1984

UNITED STATES OF AMERICA,
v.
JOSEPH F. WOLLSCHLAGER.



The opinion of the court was delivered by: Roszkowski, District Judge.

ORDER

Before the court are defendant's motions in arrest of judgment, for a new trial and for judgment of acquittal after discharge of the jury. The principal basis for defendant's various motions is the alleged violation of the Speedy Trial Act. 18 U.S.C. § 3161 et seq. For the reasons set forth herein, defendant's motion in arrest of judgment is allowed and the subject indictment is dismissed without prejudice. Defendant's remaining motions are denied.

I. BACKGROUND

At the September 16th status hearing, the defendant announced that he had not yet retained counsel. At the defendant's request, an additional continuance was granted until September 30th. Since no transcript is presently available from that hearing, it is unclear whether the Magistrate made any oral findings similar to those he set forth at the hearing on September 16th. No written findings appear in the record.

At the September 30th status hearing, the defendant announced that he had decided to proceed pro se. The Magistrate ordered the defendant's appointed advisory counsel to remain in the case to assist the defendant. The parties were ordered to undertake a Local Rule 2.04 conference by October 14th. The Magistrate further ordered that the defendant was given ten days thereafter to file his pretrial motions. The government was given ten days to respond and the defendant was given five days to reply. The next status hearing was set before the Magistrate on November 18th.

On October 17th, the parties proceeded with their discovery conference. On October 31st and November 1st, the defendant filed seventeen pretrial motions along with various supporting memorandums. Two of the supporting memorandums exceeded fifteen pages. The government failed to file any written response or request for a continuance within ten days.

On November 15th, in order to facilitate the defendant's business travel abroad, the November 18th status hearing was stricken. A new status hearing was set for December 2nd. While the government had not yet responded to the defendant's pending motions, no motion for a continuance was brought to the Magistrate's attention.

At the December 2nd status hearing, the Magistrate granted the government's oral request for forty additional days in which to reply to the defendant's pending motions. The defendant stated he had no objection to the continuance. Finally, the Magistrate ordered the parties to appear before this court for a status hearing on January 13, 1984.

On January 13th, the defendant filed a motion and supporting memorandum in excess of fifteen pages relating to the appointment of a non-attorney as the counsel of his choice. The government, which had not yet responded to the defendant's previous motions, orally requested additional time to respond to all of the defendant's pending motions. The reason given for the request was the illness of the Assistant United States Attorney assigned to the case. This court granted the government until January 23rd to file its response to the defendant's motion for the appointment of counsel and gave the defendant until February 3rd to reply. The defendant, accompanied by his appointed advisor, again voiced no objection to the briefing schedule. Finally, the court set a firm trial date of February 27th.

On January 25th, still not in receipt of any government response to the pending motions, the court set the case for a status hearing on February 17th. In the interim, on February 13th, the court ruled upon the defendant's pending motions; in particular, the court denied the defendant's motion for the appointment of a non-attorney counsel.

At the conclusion of the status hearing on February 17th, the court entered an order providing:

  The court finds that the ends of justice will be
  served and outweigh the best interests of the public
  and defendant in a speedy trial in order to insure
  that defendant's counsel is given adequate time to
  prepare the defense of this case.
  Therefore the time between August 26, 1983 and
  February 13, 1984 is excludable pursuant to T.
  18 U.S.C. § 3161(h)(8).

On February 24th, the defendant filed a motion for a continuance alleging he needed additional time to adequately prepare his case for trial. Specifically, defendant alleged he "had expected the court to grant his motion for counsel of his choice, and had consulted with said individual in preparation for trial." As a result of the court's ruling, the defendant alleged he had "not had adequate time to confer with court appointed counsel." Because his appointed counsel had been assisting him since his arraignment and because of the late date of his motion, defendant's motion for a continuance was denied.

On February 27th, the defendant moved the court to reconsider its excludable time order of February 17th and moved to dismiss his indictment based upon the government's failure to comply with the Speedy Trial Act. Both motions were denied. On February 27th, the jury was impaneled and the defendant was granted a recess for the remainder of the day. Evidence was heard by the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.