Tommie Doward Weathers, Jr. v. United States
Environmental SocialSecurity Securities Immigration
Meaning of 'fault' in 18 U.S.C. § 3164(c)
QUESTION PRESENTED This case concerns the meaning of the word “fault” in 18 U.S.C. § 3164(c), which says that if a defendant is not brought to trial within 90 days following his detention, and the delay is not the “fault of the accused or his counsel...,” the defendant must be released from confinement. Petitioner, Tommie Doward Weathers (“Weathers”), was held in pretrial confinement for 144 nonexcludable Speedy Trial Act (“STA”) days. Nevertheless, the district court, affirmed by summary order of the Fourth Circuit Court of Appeals, denied Weathers’ motion for release under § 6134(c), concluding Weathers was “partially” at fault for some undetermined number of the 144 nonexcludable STA days. The issue presented is the meaning of “fault” in STA § 6134(c), and the proper test for ascribing “fault” to a confined defendant or their attorney in a motion for the defendant’s release under STA § 6134(c). i PARTIES AND