United States v. Howard Messer, United States of America v. Patrick A. Masino, United States of America v. Vahan Khachatrian

197 F.3d 330, 99 Daily Journal DAR 12553, 99 Cal. Daily Op. Serv. 9751, 1999 U.S. App. LEXIS 32376
CourtCourt of Appeals for the Ninth Circuit
DecidedDecember 14, 1999
Docket96-50493, 96-50500, 96-50544
StatusPublished
Cited by31 cases

This text of 197 F.3d 330 (United States v. Howard Messer, United States of America v. Patrick A. Masino, United States of America v. Vahan Khachatrian) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Howard Messer, United States of America v. Patrick A. Masino, United States of America v. Vahan Khachatrian, 197 F.3d 330, 99 Daily Journal DAR 12553, 99 Cal. Daily Op. Serv. 9751, 1999 U.S. App. LEXIS 32376 (9th Cir. 1999).

Opinions

TASHIMA, Circuit Judge:

On December 18, 1991, Patrick Masino, Howard Messer, and Vahan Khachatrian (collectively “Appellants”) were indicted for conspiracy to commit money laundering in violation of 18 U.S.C. § 371 and money laundering in violation of 18 U.S.C. § 1957.1 Stephen Saccoccia was indicted pursuant to 18 U.S.C. §§ 2,1957 for aiding and abetting the money laundering. Appellants were arraigned soon thereafter, but Saccoccia remained at large as a fugitive in Switzerland. He was extradited after a number of months to Rhode Island to stand trial on related charges. Due to the delay, the district court eventually severed Saccoccia’s trial from Appellants’ trial. Appellants’ trial began on September 8, 1993, approximately 21 months after they had been arraigned. They were convicted on all counts and now appeal, contending, among other things, that the delay in bringing them to trial violated the Speedy Trial Act, 18 U.S.C. §§ 3161-3174, and that there is insufficient evidence to support their convictions. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we conclude that the Speedy Trial Act was violated. We therefore reverse Appellants’ convictions, vacate their sentences, and remand these cases for further proceedings consistent with this opinion.

I.

Appellants were participants in the precious metals business in Los Angeles; Ma-sino managed the affairs of International Metal Management (“IMM”), Messer managed Clinton Import/Export Corporation (“CIE”), and Khachatrian owned and managed Real Gold Enterprises (“RGE”). The government alleged that Appellants, under the guise of their businesses, were deeply involved in the west coast operations of a large money-laundering organization that was controlled by Saccoccia and laundered funds for Columbian drug traffickers. According to the government, affiliates of Saccoccia would collect cash in New York City and ship it to one of Appellants’ three companies. Affiliates also collected cash in Los Angeles for delivery to Appellants. Appellants would then convert the cash into funds that could be transferred by wire to Saccoccia’s Rhode Island company, Trend Precious Metals, or to foreign bank accounts.

Messer and Khachatrian were arrested and appeared in court on November 25, 1991. Masino was arrested and appeared in court four days later. On December 18, 1991, they were indicted in the United States District Court for the Central District of California on one count of conspiracy to commit money laundering and numerous counts of money laundering. Saccoccia was named as an unindicted co-conspirator with respect to the conspiracy count and as an aider and abettor with [334]*334respect to most of the money laundering counts. The indictment also alleged a forfeiture count against all defendants. Appellants were arraigned on December 23, 1991, and the district court set February 11, 1992, as the date for the commencement of trial. Over the course of the next 21 months, however, the trial was continued five times.

The first continuance occurred in February, 1992. In light of an agreement between Appellants and the government that the case’s substantive and factual complexity warranted continuing the trial, the district court set a new trial date of April 7, 1992. The district court found the time from February 3, 1992, to April 7, 1992, to be excludable from the time period within which the Speedy Trial Act requires that a trial commence, on the basis of the case’s complexity. See 18 U.S.C. § 3161(h)(8)(A), (B)(ii). Appellants do not contest the propriety of this continuance.

In March, 1992, the government moved for a second continuance due to: (1) the case’s complexity; (2) Saccoccia’s unavailability for trial while he contested his extradition from Switzerland; and (3) the government’s need to obtain evidence from foreign countries. Appellants opposed the motion on the grounds that the government had not been diligent in investigating the case and that it was unlikely that Saccoccia would ever be tried in California. The district court granted the motion, finding the additional time excludable under § 3161(h)(8)(A) and (B)(ii) due to the case’s complexity, 18 U.S.C. § 3161(h)(7)2 due to Saccoccia’s unavailability, and 18 U.S.C. § 3161(h)(9)3 due to the request for evidence in a foreign country. The district court reset the trial date for September 15, 1992.

Saccoccia was extradited to the United States in late June, 1992. Instead of bringing him to California, however, the government brought Saccoccia to Rhode Island. There he was arraigned on separate charges for, among other things, violations of the RICO and money laundering statutes. The government decided to try Saccoccia in Rhode Island first in a trial expected to begin on October 5, 1992, and to last six to eight weeks.4

As a result, the government requested a third continuance until February 9, 1993. In addition to the decision to try Saccoccia first in Rhode Island, the government cited as grounds the complexity of the case and the existence of outstanding requests for evidence in foreign countries. The Appellants opposed the motion but acknowledged that in light of the district court’s prior rulings with respect to Saccoccia, a continuance was in order. The district court granted the government’s motion and set a new trial date of February 9, 1993. The court again excluded the intervening time on the grounds of Saccoccia’s unavailability, the complexity of the case, and the requests for evidence in foreign countries.

In Rhode Island, Saccoccia’s trial ended in a mistrial due to the health of his attorney. The district court in Rhode Island requested that Saccoccia remain there pending retrial scheduled for mid-February, 1993. As a result, on December 10, 1992, the government requested a fourth continuance. The government once again cited the complexity of the case and the outstanding requests for evidence in foreign countries as additional grounds. Ap[335]*335pellants continued to oppose any continuances on the grounds discussed at the March, 1992, hearing, but that they recognized that the reasons the district court gave then for continuing the trial still applied. The district court continued the trial to May 18,1993, excluding the time in the interim on the basis of Saccoccia’s unavailability, the case’s complexity, and the outstanding requests for evidence in foreign countries.

In March, 1993, Saccoccia was convicted and sentenced to 660 years’ imprisonment in the Rhode Island case. See United States v. Saccoccia, 58 F.3d 754, 762 (1st Cir.1995). On April 13, 1993, he was finally arraigned in the district court in California.

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Bluebook (online)
197 F.3d 330, 99 Daily Journal DAR 12553, 99 Cal. Daily Op. Serv. 9751, 1999 U.S. App. LEXIS 32376, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-howard-messer-united-states-of-america-v-patrick-a-ca9-1999.