United States v. Bloate
2011 U.S. App. LEXIS 18666
8th Cir.2011Background
- Bloate indicted August 24, 2006; pretrial-motion deadline extended to Sept 25; Bloate waived pretrial motions on Sept 25 with Oct 4 hearing on waiver; February 23 and March 2, 2007 motions in limine granted March 5 (trial); on remand after Supreme Court reversal, court must evaluate non-excludable periods (Sept 25–Oct 4 and Feb 23–Mar 5) under §3161(h)(1)(D).
- Supreme Court reversed this court’s automatic exclusion of 28-day September 7–October 4 period, remanding to evaluate other exclusions.
- District court excluded Feb 23–Mar 5 as pretrial-motion-related delay; this appeal focuses on whether Sept 25–Oct 4 was excludable and whether total non-excludable days violate the Speedy Trial Act.
- This court previously held 28-day period non-excludable; on remand, must determine if Sept 25–Oct 4 was excludable with proper findings.
- Ultimately, the court concludes there were 75 non-excludable days, violating the Speedy Trial Act; indictment must be dismissed (with or without prejudice to be determined).
- The case is remanded to determine whether dismissal is with or without prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Sept. 25–Oct. 4 period was excludable | Bloate argues not excludable; waiver not a motion. | Government argues waiver functioned as pretrial motion exclusion. | Not excludable; requires dismissal. |
| Whether Feb. 23–Mar. 5 period was excludable | Seasoned time excluded due to in limine; disputed | Time excluded as pending pretrial motion. | Excludable; time excluded. |
| Whether the waiver of pretrial motions is law of the case | Earlier statement that Bloate never filed a motion bound the issue | Waiver may be a valid pretrial-motion mechanism | Waiver is not law of the case; remand appropriate. |
| What remedy for Speedy Trial Act violation | Indictment should be dismissed as required by the Act | Dismissal with or without prejudice to be determined | Indictment dismissed; remanded to decide prejudice. |
Key Cases Cited
- Bloate v. United States, 130 S. Ct. 1345 (2010) (Supreme Court reversed automatic exclusion and limited pretrial-motion exclusions)
- Titlbach v. United States, 339 F.3d 692 (8th Cir. 2003) (Time during in limine is excludable)
- Aldaco v. United States, 477 F.3d 1008 (8th Cir. 2007) (Exclusion rules; burden on defendant for dismissal)
- Rush v. United States, 738 F.2d 497 (1st Cir. 1984) (Waiver considerations under Speedy Trial Act)
- Hohn v. United States, 8 F.3d 1301 (8th Cir. 1993) (Motions excludable under subparagraphs include more than listed)