Page:United States Statutes at Large Volume 88 Part 2.djvu/762

 2078

PUBLIC LAW 93-619-JAN. 3, 1975

[88

STAT.

" (1) Any period of delay resulti ng from other proceedings concerning the defendant, including but not limited to— " (A) delay resulting from an examination of the defendant, and hearing on, his mental competency, or physical incapacity; " (B) delay resulting from an examination of the defendant pursuant to section 2902 of title 28, United States Code; " (C) delay resulting from trials with respect to other charges against the defendant; " (D) delay resulting from interlocutory appeals; " (E) delay resulting from hearings on pretrial motions; " (F) delay resulting from proceedings relating to transfer from other districts under the Federal Rules of Criminal Procedure; and " (G) delay reasonably attributable to any period, not to exceed thirty days, during which any proceeding concerning the defendant is actually under advisement. "(2) Any period of delay during'which prosecution is deferred by the attorney for the Government pursuant to written agreement with the defendant, with the approval of the court, for the purpose of allowing the defendant to demonstrate his good conduct. "(3)(A) Any period of delay resulting from the absence or unavailability of the defendant or an essential witness. " (B) For purposes of subparagraph (A) of this paragraph, a defendant or an essential witness shall be considered absent when his whereabouts are unknown and, in addition, he is attempting to avoid apprehension or prosecution or his whereabouts cannot be determined by due diligence. For purposes of such subparagraph, a defendant or an essential witness shall be considered unavailable whenever his whereabouts are known but his presence for trial cannot be obtained by due diligence or he resists appearing at or being returned for trial. "(4) Any period of delay resulting from the fact that the defendant is mentally incompetent or physically unable to stand trial. "(5) Any period of delay resulting from the treatment of the defendant pursuant to section 2902 of title 28, United States Code. " (6) If the information or indictment is dismissed upon motion of the attorney for the Government and thereafter a charge is filed against the defendant for the same offense, or any offense required to be joined with that offense, any period of delay from the date the charge was dismissed to the date the time limitation would commence to run as to the subsequent charge had there been, no previous charge. "(7) A reasonable period of delay when the defendant is joined for trial with a eodefendant as to whom the time for trial has not run and no motion for severance has been granted. "(8)(A) Any period of delay resulting from a continuance granted by any judge on his own motion or at the request of the defendant or his counsel or at the request of the attorney for the Government, if the judge granted such continuance on the basis of his 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. No such period of delay resulting from a continuance granted by the court in accordance with this paragraph shall be excludable under this subsection unless the court sets forth, in the record of the case, either orally or in writing, its reasons for finding that the ends of justice served by the granting of such continuance outweigh the best interests of the public and the defendant in a speedy trial.

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