United States v. Shellef (Second Circuit)
Dov Shellef was tried and convicted for various tax crimes. The verdict was reversed on appeal and remanded for a new trial. Shellef then moved to dismiss the indictment against him pursuant to the Speedy Trial Act because he had not been tried within the 70 days provided by the statute for a retrial following an appellate reversal. The district court, however, granted a retroactive extension of the 70-day period. We argued on appeal that it lacked the authority to do so. The Second Circuit affirmed in a 2-1 decision. We moved for en banc rehearing, which was denied.