8th Circuit decides N.D. case Tuesday, March 9, 2021

The United States Court of Appeals for the Eighth Circuit held that the district court erred in continuing defendant's trial because of the scheduling conflicts resulting from a crowded docket; as a result, the length of that delay is not excludable for Speedy Trial Act purposes, and a Speedy Trial Act violation occurred; the appropriate remedy in this case is to remand the matter to permit the district court to determine in the first instance whether to dismiss the indictment with or without prejudice by applying the factors set forth in 18 U.S.C. Sec. 3162(a)(2).

Read the court's opinion at: https://ecf.ca8.uscourts.gov/opndir/21/03/191610P.pdf