U.S. v. Hills

In prosecution on charge of conspiracy to impede IRS and for filing false income tax returns, defendants failed to show that they were denied either statutory or constitutional right to speedy trial even though instant trial did not occur until two years after date of indictments. Dist. Ct. did not err in granting certain continuance requests after finding that said requests served ends of justice. Moreover, Dist. Ct. could properly exclude time associated with co-defendant's motion for bill of particulars even though said motion did not actually cause delay in case. Ct. also rejected defendants' claim that: (1) Dist. Ct. improperly excluded time associated with motion filed by co-defendants' new counsel to familiarize himself with case even though said co-defendant did not personally request said continuance; and (2) instant two-year delay in bringing case to trial violated their constitutional right to speedy trial after Ct. found that defendants mostly caused said delay. Ct. further noted that defendants failed to show prejudice in instant delay. One defendant, though, was entitled to reversal of income tax conviction where prosecutor committed plain error by twice referring to said defendant's invocation of her right to remain silent despite warnings from Dist. Ct. to refrain from doing so.