Whether the Speedy Trial Act permits district courts to conduct jury selection within the time limits of the speedy trial clock but delay presentation of evidence two months beyond the 70-day period to accommodate the district court's calendar

QUESTION PRESENTED Under § 3161(c)(1) of the Speedy Trial Act of 1974 (the “Act”), a federal criminal trial must generally “commence” within 70 days after the defendant is charged or makes an initial appearance. Courts have uniformly held that trial “commences” when jury selection begins. See United States v. Fox, 788 F.2d 905, 908 (2d Cir. 1986) (collecting cases). Federal appellate courts, however, have condemned so-called “start-and-stop” maneuvering in which district courts conduct jury selection within the time limits of the Act while postponing the presentation of evidence beyond the 70-day clock. See United States v. Brown, 819 F.3d 800, 810 (6th Cir. 2016) (collecting cases). The Second Circuit ruled—in conflict with decisions of the Sixth and Tenth Circuit Courts of Appeals—that the district court did not violate the Act by scheduling jury selection two days before the speedy trial clock was set to expire while scheduling presentation of evidence two months later to accommodate the district court’s calendar. The Second Circuit affirmed the district court’s start-and-stop plan by accepting the district court’s post hoc justification that the delay was necessary to provide defense counsel preparation time even though the defense never requested a continuance and, in fact, the defendant vigorously asserted his right to a speedy trial. The question presented is: Whether the Speedy Trial Act permits district courts to conduct jury selection within the time limits of the speedy trial clock but delay presentation of evidence two months beyond the 70-day period to accommodate the district court’s calendar. ii THE PARTIES The Petitioner in this case is Angelo Peter Efthimiatos. Petitioner was the defendant-appellant below. The Respondent is the United States of America. Respondent was the appellee below. STATEMENT OF RELATED CASES United States v. Angelo Efthimiatos, No. 2:18-cr-049-1, United States District Court for the District of Vermont. Judgment entered Apr. 12, 2019. United States v. Angelo Efthimiatos, No. 19-1023, United States Courts of Appeals for the Second Circuit. Judgment entered Mar. 31, 2020.