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United States v. Valot

decided: January 3, 1973.

UNITED STATES OF AMERICA, APPELLEE,
v.
STEVEN PAUL VALOT, APPELLANT



Moore, Mulligan and Timbers, Circuit Judges.

Author: Per Curiam

Appellant Steven Paul Valot appeals from a judgment of conviction after a one day nonjury trial on June 29, 1972 in the Eastern District of New York, before Mark A. Costantino, District Judge, finding appellant guilty on one count of importing 7.1 kilograms of hashish into the United States on November 21, 1971, in violation of 21 U.S.C. § 952(a) (1970); on a second count of possessing and bringing the same hashish on the same date into the United States on board an aircraft, in violation of 21 U.S.C. § 955 (1970); and on a third count of possessing the same hashish on the same date with intent to distribute it, in violation of 21 U.S.C. § 841(a) (1970). On August 15, 1972, appellant was sentenced by Judge Costantino on each count to a consecutive term of four years imprisonment. He was also sentenced to a special parole term of two years and was fined $2500.

On appeal Valot claims (1) that the district court erred in imposing consecutive sentences upon the multiple counts under the Comprehensive Drug Abuse Prevention and Control Act of 1970; and (2) that the district court erred in denying appellant's motion to dismiss the indictment on the ground that the government was not ready for trial within the time prescribed by the Second Circuit Rules Regarding Prompt Disposition of Criminal Cases. 28 U.S.C.A. (Supp.1972).

As in United States v. Scafo, 470 F.2d 748 (2 Cir.1972) (a decision rendered on the date the instant case was argued), we find the record in the instant case inadequate for us to review the propriety of Judge Rosling's denial on June 16, 1972 of appellant's motion to dismiss the indictment pursuant to Rule 4 of the Second Circuit Rules, supra. The skeleton sequence of events was as follows:

November 21, 1971 Arrested.

November 22, 1971 Arraigned.

May 9, 1972 Indicted.

May 11, 1972 Government mailed notice ad-

vising Valot to appear before

Judge Rosling for plea on May

26, 1972.

May 15, 1972 Government mailed notice of

readiness for trial to ...


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