482 F.Supp.3d 816
D. Minnesota2020Background:
- Indicted May 21, 2019 for assaulting a federal officer (18 U.S.C. § 111); Reese was in federal custody on a separate kidnapping conviction and remained in pretrial custody for this case.
- Initial appearance June 26, 2019 started the 70‑day Speedy Trial Act clock; intervening pretrial motions tolled the clock.
- By March 17, 2020, 45 days remained on the Speedy Trial Act clock; courts previously excluded time through May 17, 2020 and Reese does not challenge those exclusions.
- Chief Judge Tunheim issued COVID‑related General Orders continuing jury trials; this court issued May 18, 2020 and July 6, 2020 orders excluding time under the Speedy Trial Act through July 5 and August 30, 2020 respectively, based on ends‑of‑justice findings.
- Reese moved to dismiss the indictment claiming the Speedy Trial Act clock expired (arguing COVID‑related continuances were insufficient); the government opposed.
- The district court denied Reese’s motion, concluding Reese failed to rebut the court’s ends‑of‑justice findings and did not show the exclusions were unlawful.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court’s May 18 and July 6, 2020 exclusions of time under the Speedy Trial Act were valid | Government: COVID‑19 emergency and related operational limits justified ends‑of‑justice continuances; exclusions properly made under 18 U.S.C. § 3161(h)(7) | Reese: COVID‑19 alone is not sufficient to show ends‑of‑justice that outweigh speedy‑trial interests; clock expired July 1, 2020 | Court: Exclusions valid; Reese failed to show factual or legal error; motion to dismiss denied |
Key Cases Cited
- United States v. Jones, 795 F.3d 791 (8th Cir. 2015) (district court may continue trial under §3161(h)(7) without defendant consent)
- United States v. Scott, [citation="245 F. App'x 391"] (5th Cir. 2007) (upholding ends‑of‑justice exclusion after Hurricane Katrina)
- Furlow v. United States, 644 F.2d 764 (9th Cir. 1981) (ends‑of‑justice continuance upheld after Mount St. Helens eruption)
- United States v. Correa, 182 F. Supp. 2d 326 (S.D.N.Y. 2001) (excluding Speedy Trial Act time in interest of justice after September 11 attacks)