Whether the Supreme Court should summarily reverse the Ninth Circuit's decision that relied solely on a COVID-19 test for analyzing the Speedy Trial Act while ignoring the district court's alternative dismissal under the Speedy Trial Clause of the Sixth Amendment

No question identified. : QUESTION PR ESENTED Whether this Court sho uld su mmarily reverse the Ninth Circuit, which itself summ arily reversed th e district cour t’s ord er dismissing petition er’s ind ictme nt, because the Ninth Circuit sol ely relied on its specialized COVID-19 test for analyzing the Sp eedy Trial Act while ignorin g that the dist rict court also ordered dismissal und er the Speedy Trial Clause of the Six th Amendm ent. i STATEMENT OF RE LATED CASES • United Sta tes v. Steve n Nicholso n, No. CR 16-00470 -CJC, U.S. District Cour t for th e Central District of Californ ia. Judgment entered January 20 , 2021. • United Sta tes v. Steve n Nicholso n, No. 21-50 028, U.S. Court of Appeals for th e Ninth Circuit. Judg ment entered Jun e 20, 2024 , rehearing deni ed Dece mber 20, 2024. • United Sta tes v. Steve n Nicholso n, No. 18-50 146, U.S. Court of Appeals for th e Ninth Circuit. Judg ment entered April 3 0, 2020 . ii TABLE OF CON TENTS Table of authori ties. .iv Intro duction .1 Opinio ns below. .2 Juris diction .2 Constitu tional pr ovisi on.2 Stateme nt of th e case .3 A. The initial district cour t proceeding s.3 B. The proceeding s on remand after the first app eal.6 C. The summ ary reversal. .11 Argument. .12 This Court shoul d summa rily revers e because the Ninth Circuit has again departed fro m the norma l course of app ellate proceedings by summarily reversing without considerin g the Sixt h Ame ndment basis for the distri ct court’s ru ling, which was correct and no t even challenged by th e government on appeal. .12 Conclusio n.17