United States v. Bashar
3 F. Supp. 3d 541
E.D. Va.2014Background
- Government moved to exclude time for delay awaiting bed space at FMC Butner under Speedy Trial Act after competency ruling on Jan 17, 2014.
- Defendant Atal Bashar was deemed mentally incompetent and committed to Attorney General for hospitalization.
- Delay occurred due to bed-space shortage at FMC Butner, not due to Marshal transportation issues.
- January 17, 2014 order directed hospitalization but did not order transportation.
- Court must decide if delay is transportation delay under §3161(h)(1)(F) or an incompetence delay under §3161(h)(4).
- Court finds delay is an incompetence delay, automatically excludable without time limit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether delay is transportation delay or incompetence delay | Bashar: transportation delay under §3161(h)(1)(F) | Bashar: incompetence delay under §3161(h)(4) | Delay is incompetence delay; excludable without time limit. |
| Whether January 17 order directed transportation | Government: order directed transportation to FMC Butner | Bashar: no transportation order issued | January 17 order did not direct transport; §3161(h)(1)(F) not triggered. |
| Impact on speedy-trial clock | Exclude all time until bed space available | Delay not attributable to transportation; must be excluded as incompetence delay | Full length of delay excludable under §3161(h)(4). |
Key Cases Cited
- United States v. Turner, 602 F.3d 778 (6th Cir. 2010) (addressed triggering of 10-day transportation rule)
- United States v. Garrett, 45 F.3d 1135 (7th Cir. 1995) (discussed what constitutes an order directing transportation)
- United States v. Taylor, 821 F.2d 1377 (9th Cir. 1987) (ten-day transportation rule scope and purpose)