United States v. Lee Graves
2013 U.S. App. LEXIS 12754
3rd Cir.2013Background
- Graves was indicted March 2, 2011 for attempted possession with intent to distribute 500g+ of cocaine; arraigned March 31, 2011.
- Competency evaluation was ordered; district court continued the case pending the report.
- BOP completed the competency report June 22, 2011; report mailed June 28, 2011 and received July 7, 2011.
- September 21, 2011 status hearing found Graves competent; defense moved for continuance; trial date set for Feb 27, 2012.
- Graves moved October 21, 2011 to dismiss as Speedy Trial Act violation; district court held excludable delays; Graves was tried Feb 27, 2012, convicted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether competency proceedings delay extends to hearing or only to report | Graves: 118 days inexcusable delay. | Graves: delay continues to report; government: extends to hearing. | Excludable until competency hearing;28 non-excludable days. |
Key Cases Cited
- Haywood, 155 F.3d 674 (3d Cir. 1998) (mandatory competency hearing when issue is raised)
- Henderson v. United States, 476 U.S. 321 (supreme court 1986) (automatic exclusion where applicable; informs sequencing of delays)
- Duberry, 923 F.2d 317 (3d Cir. 1991) (exclude days on excludable events in 70-day calculation)
- Tinklenberg, 579 F.3d 589 (6th Cir. 2009) (all delays from competency proceedings excluded, barring transit issues)
- Noone, 913 F.2d 20 (1st Cir. 1990) (entire period of competency proceedings excluded except unreasonable transport delays)
- Vasquez, 918 F.2d 329 (2d Cir. 1990) (delays arising from competency proceedings exclude from clock)