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U.S. v. WILLIS

No. 91-1066.

958 F.2d 60 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Howell C. WILLIS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 27, 1992.

Attorney(s) appearing for the Case

Lowell Brickman, Shane Read, Akin, Gump, Hauer & Feld, Dallas, Tex. (Court-appointed Counsel), for defendant-appellant.

Delonia A. Watson, AUSA, David N. Blackorby, Asst. U.S. Attys., Marvin Collins, U.S. Atty., Dallas, Tex., for plaintiff-appellee.

Before REAVLEY, JOLLY, and HIGGINBOTHAM, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Two years after his indictment, Howell C. Willis was tried and convicted of two counts of attempting to evade and defeat income tax and two counts of failing to file an income tax return. He argues that the district court erred in failing to dismiss his indictment because the delay in his trial violated the Speedy Trial Act, 18 U.S.C. § 3161 et seq. We agree and reverse his convictions.

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