United States v. Jamie Lee Wambles

Case: 13-14216 Date Filed: 05/07/2014 Page: 1 of 4
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 13-14216
Non-Argument Calendar
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D.C. Docket No. 4:13-cr-00025-RH-CAS-1
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JAMIE LEE WAMBLES,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Florida
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(May 7, 2014)
Before CARNES, Chief Judge, HULL and MARCUS, Circuit Judges.
PER CURIAM:
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Jamie Wambles appeals his convictions for making false threats to use a
weapon of mass destruction, in violation of 18 U.S.C. § 1038(a)(1)(A). He
challenges the district court’s denial of his motion to dismiss the indictment under
the Speedy Trial Act, 18 U.S.C. § 3161, contending that more than 70 non-
excludable days elapsed from the time of his arraignment on March 26, 2013, to
the start of his trial on June 10, 2013.
“We review a claim under the Speedy Trial Act de novo and review a
district court’s factual determinations on excludable time for clear error.” United
States v. Mathurin, 690 F.3d 1236, 1239 (11th Cir. 2012). The Act specifies that a
defendant’s trial must commence within 70 days of the filing of the indictment or
his arraignment, whichever is later. 18 U.S.C. § 3161(c)(1). Certain events,
however, are excluded from the 70-day time limit, including any “delay resulting
from [a] pretrial motion, from the filing of the motion through the conclusion of
the hearing on, or other prompt disposition of, such motion.” Id. § 3161(h)(1)(D).
“In calculating includable time, both the date on which an event occurs or a motion
is filed and the date on which the court disposes of a motion are excluded.” United
States v. Yunis, 723 F.2d 795, 797 (11th Cir. 1984). If the defendant is not
brought to trial within 70 non-excludable days of the relevant triggering date, the
district court must dismiss the indictment upon the defendant’s motion. Id.
§ 3162(a)(2).
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In this case, there was no violation of the Speedy Trial Act. The 70-day time
limit began to run on March 27, 2013, the day after Wambles was arraigned on his
indictment. See Yunis, 723 F.2d at 797 (holding that “the date of the indictment
and the date of arraignment are excluded” from the speedy trial calculation).
Thirty-seven days of non-excludable time passed before Wambles, on May 3,
2013, filed a pretrial motion for an in camera inquiry regarding the appointment of
substitute counsel, which was denied four days later following a hearing on that
motion. The date on which Wambles’ motion was filed, the days leading up to the
motion hearing, and the date of the hearing itself — five days in total — were all
excludable under the Act. See 18 U.S.C. § 3161(h)(1)(D); Yunis, 723 F.2d at 797.
Even without any other excludable events, the 70-day time limit would have
expired on Sunday, June 9, 2013, the day before Wambles’ trial began. But
because the last day of the period fell on a Sunday, the speedy trial clock did not
actually expire until Monday, June 10, 2013, the very day the trial commenced.
See Fed. R. Crim. P. 45(a)(1)(C) (providing that if the last day of a time period
falls on a weekend or legal holiday, “the period continues to run until the end of
the next day that is not a Saturday, Sunday, or legal holiday”); see also United
States v. Skanes, 17 F.3d 1352, 1354 (11th Cir. 1994). Accordingly, there was no
violation of the Speedy Trial Act, the district court properly denied Wamble’s
motion to dismiss the indictment, and his convictions are due to be affirmed.
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AFFIRMED.
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