United States v. O'Connor, No. 09-2476 (7th Cir. 2011)
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Defendant, the master-mind of a mortgage fraud scheme, was convicted of wire fraud. She claimed that the 1,229-day delay between the date on which the last of her codefendants was arraigned and the start of her trial violated the Speedy Trial Act, 18 U.S.C. 3161 and the Sixth Amendment. The Seventh Circuit affirmed the district court's denial of a motion to dismiss. The Act's 70-day "clock" permits the court to exclude delays resulting from continuances granted on the basis of findings that the ends of justice served by taking such action outweigh the best interest of the public and the defendant in a speedy trial and delays caused by absence or unavailability of an essential witness. The record indicated that the continuances and delays were justified and did not prejudice defendant.
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