OPINION OF THE COURT
UNITED STATES V. TINKLENBERG
563 U. S. ____ (2011)
SUPREME COURT OF THE UNITED STATES
NO. 09-1498
UNITED STATES, PETITIONER
v. JASON LOUIS
TINKLENBERG
on writ of certiorari to the united states court of
appeals for the sixth circuit
[May 26, 2011]
Justice Breyer delivered the
opinion of the Court.
The Speedy Trial Act of 1974, 18
U. S. C. §3161
et seq., provides that in “any case in
which a plea of not guilty is entered, the trial … shall commence
within seventy days” from the later of (1) the “filing date” of the
information or indictment or (2) the defendant’s initial appearance
before a judicial officer (
i.e., the arraignment).
§3161(c)(1). The Act goes on to list a set of exclusions from the
70-day period, including “
delay resulting from any
pretrial motion, from the filing of the motion through the
conclusion of the hearing on, or other prompt disposition of, such
motion.” §3161(h)(1)(D) (2006 ed., Supp. III) (emphasis added).
The United States Court of Appeals for the
Sixth Circuit held in this case that a pretrial motion falls within
this exclusion only if it “actually cause[s] a delay, or the
expectation of a delay, of trial.” 579 F. 3d 589, 598 (2009). In
our view, however, the statutory exclusion does not contain this
kind of causation requirement. Rather, the filing of a pretrial
motion falls within this provision irrespective of whether it
actually causes, or is expected to cause, delay in starting a
trial.
I
Jason Louis Tinklenberg, the
respondent, was convicted of violating federal drug and gun laws.
18 U. S. C. §922(g)(1) (felon in possession of a firearm); 21
U. S. C. §843(a)(6) (possession of items used to manufacture a
controlled substance). He made his initial appearance before a
judicial officer on October 31, 2005, and the Speedy Trial clock
then began to run. His trial began on August 14, 2006, 287 days
later. Just before trial, Tinklenberg asked the District Court to
dismiss the indictment on the ground that the trial came too late,
vio-lating the Speedy Trial Act’s 70-day requirement. The District
Court denied the motion after finding that 218 of the 287 days fell
within various Speedy Trial Act exclusions, leaving 69
nonexcludable days, thereby making the trial timely.
On appeal the Sixth Circuit
agreed with the District Court that many of the 287 days were
excludable. But it disagreed with the District Court about the
excludability of time related to three pretrial motions. The
Government filed the first motion, an unopposed motion to conduct a
video deposition of a witness, on August 1, 2006; the District
Court disposed of the motion on August 3, 2006. The Government
filed the second motion, an unopposed motion to bring seized
firearms into the courtroom as evidence at trial, on August 8,
2006; the District Court disposed of the motion on August 10, 2006.
Tinklenberg filed the third motion, a motion to dismiss the
indictment under the Speedy Trial Act, on August 11, 2006; the
District Court denied that motion on August 14, 2006. In the Sixth
Circuit’s view, the nine days during which the three motions were
pending were not excludable because the motions did not “actually
cause a delay, or the expectation of delay, of trial.” 579 F. 3d,
at 598. Because these 9 days were sufficient to bring the number of
nonexcludable days above 70, the Court of Appeals found a violation
of the Act. And given the fact that Tinklenberg had already served
his prison sentence, it ordered the District Court to dismiss the
indictment with prejudice.
We granted certiorari at the Government’s
request in order to review the Sixth Circuit’s motion-by-motion
causation test. We now reverse its determination. But because we
agree with the defendant about a subsidiary matter, namely, the
exclusion of certain holidays and weekend days during the period in
which he was transported for a competency examination,
id., at 597, we affirm the Court of Appeals’ ultimate
conclusion.
II
A
In relevant part the Speedy Trial
Act sets forth a basic rule:
“In any case in which a plea of not guilty is
entered, the trial of a defendant … shall commence within seventy
days from [the later of (1)] the filing date … of the information
or indictment, or . . . [(2)] the date the defendant has appeared
before a judicial officer of the court in which such charge is
pending … .” §3161(c)(1) (2006 ed.).
The Act then says that the “following periods of
delay shall be excluded in computing … the time within which the
trial . . . must commence.” §3161(h) (2006 ed., Supp. III). It
lists seven such “periods of delay.”
It describes the first of these seven
excludable periods as
“(1) Any period of
delay resulting from
other proceedings concerning the defendant including but not
limited to—
“(A)
delay resulting from any
proceeding … to determine the mental competency or physical
capacity of the defendant;
“(B)
delay resulting from trial with
respect to other charges … ;
“(C)
delay resulting from any
interlocutory appeal;
“(D)
delay resulting from any
pretrial motion, from the filing of the motion through the
conclusion of the hearing on, or other prompt disposition of, such
motion;
“(E)
delay resulting from any
proceeding relating to the transfer of a case [or defendant] . . .
from another district … ;
“(F)
delay resulting from
transportation of any defendant from another district, or to and
from places of examination or hospitalization, except that any time
consumed in excess of ten days … shall be presumed to be
unreasonable;
“(G)
delay resulting from
consideration by the court of a proposed plea agreement …;
“(H) delay reasonably attributable to any
period, not to exceed thirty days, during which any proceeding
concerning the defendant is actually under advisement by the
court.”
Ibid. (2006 ed. and Supp. III) (emphasis
added).
B
The particular provision before
us, subparagraph (D), excludes from the Speedy Trial period “delay
resulting from any pretrial motion, from the filing of the motion
through the conclusion of the hearing on, or other prompt
disposition of, such motion.” §3161(h)(1)(D). The question is
whether this provision stops the Speedy Trial clock from running
automatically upon the filing of a pretrial motion irrespective of
whether the motion has any impact on when the trial begins. Unlike
the Sixth Circuit, we believe the answer to this question is
yes.
We begin with the Act’s language.
The Sixth Circuit based its answer primarily upon that language. It
argued that the phrase “delay resulting from,” read most naturally,
requires a court to apply the exclusion provision only to those
“motion[s]” that “actually cause a delay, or the expectation of a
delay, of trial.” 579 F. 3d, at 598. We agree that such a reading
is linguistically reasonable, but the Court of Appeals wrote that
there “is no conceivable way to read this language other than to
require a delay to
result from any pretrial motion before
excludable time occurs.”
Ibid. See also
ibid.
(“[T]he statute is clear”). And here we disagree.
When the Court of Appeals says that its
reading is the
only way any reasonable person could read
this language, it overstates its claim. For one thing, even though
the word “delay” ordinarily indicates a postponement, it need not
inevitably do so. Compare The American Heritage Dictionary 480 (4th
ed. 2000) (“[t]o postpone until a later time” or “[t]o cause to be
later or slower than expected or desired”) with
ibid.
(“[t]he interval of time between two events”). In any event, terms
must be read in their statutory context in order to determine how
the provision in question should be applied in an individual
case.
Statutory language that describes a particular
circumstance, for example, might require a judge to examine each
individual case to see if that circumstance is present. But,
alternatively, it might ask a judge instead to look at more general
matters, such as when a statute requires a judge to increase the
sentence of one convicted of a “crime of violence” without
requiring the judge to determine whether the particular crime at
issue in a particular case was committed in a violent manner. See
Taylor v.
United States,
495 U. S. 575, 602
(1990) (“crime of violence” characterizes the generic crime, not
the particular act committed). Similarly a statute that forbids the
importation of “wild birds” need not require a court to decide
whether a particular parrot is, in fact, wild or domesticated. It
may intend to place the entire species within that definition
without investigation of the characteristics of an individual
specimen. See
United States v.
Fifty-Three (53)
Eclectus Parrots, 685 F. 2d 1131, 1137 (CA9 1982).
More than that, statutory language can
sometimes specify that a set of circumstances exhibits a certain
characteristic virtually as a matter of definition and irrespective
of how a court may view it in a particular case. A statute that
describes “extortion” as a “crime of violence” makes that fact so
by definition, without asking a court to second-guess Congress
about the matter. 18 U. S. C. §924(e)(2)(B)(ii) (2006 ed.)
(defining “violent felony” to include extortion for purposes of the
Armed Career Criminal Act).
The statute before us, though more complex,
can be read similarly. The pretrial motion subparagraph falls
within a general set of provisions introduced by the phrase: “The
following periods of delay shall be excluded.” §3161(h) (2006 ed.,
Supp. III). That phrase is then followed by a list that includes
“[a]ny period of delay resulting from other proceedings concerning
the defendant, including … .” §3161(h)(1). This latter list is
followed by a sublist, each member (but one) of which is introduced
by the phrase “delay resulting from … ,”
ibid. (2006 ed.
and Supp. III), which words are followed by a more specific
description, such as “any pretrial motion” from its “filing”
“through the conclusion of the hearing on, or other prompt
disposition of, such motion.” §3161(h)(1)(D) (2006 ed., Supp. III).
The whole paragraph can be read as requiring the automatic
exclusion of the members of that specific sublist, while referring
to those members in general as “periods of delay” and as causing
that delay, not because Congress intended the judge to determine
causation, but because, in a close to definitional way, the words
embody Congress’ own view of the matter.
It is not farfetched to describe the members
of the specific sublist in the statute before us in this
definitional sense—as “periods of delay” or as bringing about
delay. After all, the exclusion of any of the specific periods
described always delays the expiration of the 70-day Speedy Trial
deadline. Or Congress might have described the specific periods
listed in paragraph (1) as “periods of delay” and “delay[s]
resulting from” simply because periods of the type described often
do cause a delay in the start of trial. Both explanations show
that, linguistically speaking, one can read the statutory exclusion
as automatically applying to the specific periods described without
leaving to the district court the task of determining whether the
period described would or did actually cause a postponement of the
trial in the particular case. Thus, language alone cannot resolve
the basic question presented in this case. But when read in context
and in light of the statute’s structure and purpose, we think it
clear that Congress intended subparagraph (D) to apply
automatically.
C
We now turn to several
considerations, which, taken together, convince us that the
subparagraphs that specifically list common pretrial occurrences
apply automatically in the way we have just described. First,
subparagraph (D) clarifies that the trial court should measure the
period of excludable delay for a pretrial motion “from the filing
of the motion through the conclusion of the hearing on, or other
prompt disposition of such motion,” but nowhere does it mention the
date on which the trial begins or was expected to begin.
§3161(h)(1)(D) (2006 ed., Supp. III). Thus, it is best read to
instruct measurement of the time actually consumed by consideration
of the pretrial mo-tion. Two other related subparagraphs contain
clarifying language that contemplates measurement of the time
actually consumed by the specified pretrial occurrence without
regard to the commencement of the trial. See §3161(h)(1)(F) (“Any
time consumed in excess of ten days from the date an order of
removal or an order directing such transportation, and the
defendant’s arrival at the destination shall be presumed to be
unreasonable”); §3161(h)(1)(H) (“delay reasonably attributable to
any period, not to exceed thirty days, during which any proceeding
concerning the defendant is actually under advisement by the
court”). If “delay” truly referred to the postponement of trial,
then presumably those subparagraphs would instruct that excludable
periods should be measured from the date that trial was otherwise
scheduled to begin.
Second, we are impressed that
during the 37 years since Congress enacted the Speedy Trial Act,
every Court of Appeals has considered the question before us now,
and every Court of Appeals, implicitly or explicitly, has rejected
the interpretation that the Sixth Circuit adopted in this case. See
United States v.
Wilson, 835 F. 2d 1440, 1443
(CADC 1987) (explicit), abrogated on other grounds by
Bloat
e v.
United States, 559 U. S. ___
(2010);
United States v.
Hood, 469 F. 3d 7, 10
(CA1 2006) (explicit);
United States v.
Cobb, 697
F. 2d 38, 42 (CA2 1982) (explicit), abrogated on other grounds by
Henderson v.
United States,
476
U. S. 321 (1986);
United States v.
Novak, 715
F. 2d 810, 813 (CA3 1983) (explicit) abrogated on other grounds by
Henderson v.
United States,
476
U. S. 321 (1986);
United States v.
Dorlouis,
107 F. 3d 248, 253–254 (CA4 1997) (explicit);
United
States v.
Green, 508 F. 3d 195, 200 (CA5 2007)
(explicit);
United States v.
Montoya, 827 F. 2d
143, 151 (CA7 1987) (explicit);
United States v.
Titlbach, 339 F. 3d 692, 698 (CA8 2003) (implicit);
United States v.
Van Brandy, 726 F. 2d 548, 551
(CA9 1984) (explicit);
United States v.
Vogl, 374
F. 3d 976, 985–986 (CA10 2004) (explicit);
United States
v.
Stafford, 697 F. 2d 1368, 1371–1372 (CA11 1983)
(explicit). This unanimity among the lower courts about the meaning
of a statute of great practical administrative importance in the
daily working lives of busy trial judges is itself entitled to
strong consideration, particularly when those courts have
maintained that interpretation consistently over a long a period of
time. See
General Dynamics Land Systems, Inc. v.
Cline,
540
U. S. 581, 593–594 (2004).
Third, the Sixth Circuit’s interpretation
would make the subparagraph (D) exclusion significantly more
difficult to administer. And in doing so, it would significantly
hinder the Speedy Trial Act’s efforts to secure fair and efficient
criminal trial proceedings. See
Zedner v.
United
States,
547 U.
S. 489, 497 (2006) (noting that the Act’s exceptions provide
“necessary flexibility”); H. R. Rep. No. 93–1508, p. 15 (1974)
(the Act seeks to achieve “efficiency in the processing of cases
which is commensurate with due process”); S. Rep. No. 93–1021,
p. 21 (1974). Trial judges may, for example, set trial dates beyond
70 days in light of other commitments. And in doing so, a trial
judge may well be aware, based on his or her experience, that
pretrial motions will likely consume the extra time—even though the
judge may know little about which specific motions will be filed,
when, and how many. How is that judge to apply the Sixth Circuit’s
approach, particularly when several, including unanticipated,
pretrial proceedings did consume the time in question?
Moreover, what is to happen if several
excludable and several nonexcludable potential causes of delay
(
e.g., pre-trial motions to take depositions, potential
scheduling conflicts, various health examinations, etc.) coincide,
particularly in multidefendant cases? Can the judge, motion by
motion, decide which motions were responsible and which were not
responsible for postponing what otherwise might have been an
earlier trial date? And how is a defendant or his attorney to
predict whether or when a judge will later find a particular motion
to have caused a postponement of trial? And if the matter is
difficult to predict, how is the attorney to know when or whether
he or she should seek further postponement of the 70-day
deadline?
With considerable time and judicial effort,
perhaps through the use of various presumptions, courts could find
methods for overcoming these and other administrative difficulties.
In some instances, the judge may know at the time of filing that a
given motion is easily resolved or that its complexity will almost
certainly postpone the trial. Judges could note on the record their
predictions about whether the motion will postpone trial at the
time that the motion is filed. Parties could also stipulate as to
whether a given motion would be excluded from the Speedy Trial
clock. But those theoretical strategies would not prevent all or
even most mistakes, needless dismissals of indictments, and
potential retrials after appeal—all of which exact a toll in terms
of the fairness of and confidence in the criminal justice system.
And any such future strategies for administering the Sixth
Circuit’s rule cannot provide a present justification for turning
the federal judicial system away from the far less obstacle-strewn
path that the system has long traveled.
Fourth, we are reinforced in our conclusion by
the difficulty of squaring the Sixth Circuit’s interpretation with
this Court’s precedent. In
Henderson v.
United
States,
476
U. S. 321 (1986), the Court rejected the contention that the
exclusion provision for pretrial motions governs only reasonable
delays. The Court there concluded (as the Court of Appeals had
held) that the exclusion “was intended to be automatic.”
Id., at 327 (quoting
United States v.
Henderson, 746 F. 2d 619, 622 (CA9 1984); internal
quotation marks omitted). See also
Bloate v.
United
States, 559 U. S. ___ (2010) (holding based in part on the
view that the exclusion applies
“automatically” to the
specified period of delay).
Henderson did not consider
whether a trial court must determine whether the pretrial motion
actually caused postponement of the trial in each individual case.
But the Sixth Circuit’s interpretation would nonetheless
significantly limit the premise of “auto-matic application” upon
which the case rests.
Fifth, for those who find legislative history
useful, it is worthwhile noting, (as this Court noted in
Henderson) that the Senate Report concerning the
reenactment of the provision in 1979 described it, along with the
other provisions in §3161(h)(1), as referring to “specific and
recurring periods of time often found in criminal cases,” and
characterized them as “automatically excludable delay,” S. Rep. No.
96–212, p. 9 (1979). See H. R. Rep. No. 93–1508, at 21 (“The
time limits would be tolled by hearings, proceedings and necessary
delay which
normally occur prior to the trial of criminal
cases” (emphasis added)); S. Rep. No. 93–1021, at 21 (“[The
Act] has carefully constructed exclusions and exceptions which
permit normal pre-trial preparation in the ordinary noncomplex
cases which represent the bulk of business in the Federal courts”).
But cf.
id., at 35 (paragraph (h)(1) excludes “[d]elays
caused by proceedings relating to the defendant” (emphasis
added)).
Sixth, because all the subparagraphs but one
under paragraph (1) begin with the phrase “delay resulting from,”
the Sixth Circuit’s interpretation would potentially extend well
beyond pretrial motions and encompass such matters as mental and
physical competency examinations, interlocutory appeals,
consideration of plea agreements, and the absence of essential
witnesses. See §3161(h)(1) (2006 ed., Supp. III); §3161(h)(3)(A)
(2006 ed.). Given the administrative complexity the causation
requirement would bring about in all these areas, those Circuits
that have considered a causation requirement in respect to these
other matters have rejected it. See,
e.g.,
United
States v.
Pete, 525 F. 3d 844, 852 (CA9 2008)
(interlocutory appeal);
United States v.
Miles,
290 F. 3d 1341, 1350 (CA11 2002) (unavailability of essential
witnesses);
United States v.
Robinson, 887 F. 2d
651, 656–657 (CA6 1989) (trial on other charges). That further
complexity, along with these lower court holdings, reinforce our
conclusion.
We consequently disagree with the Sixth
Circuit that the Act’s exclusion requires a court to find that the
event the exclusion specifically describes, here the filing of the
pretrial motion, actually caused or was expected to cause delay of
a trial. We hold that the Act contains no such requirement.
III
Tinklenberg also argues that the
Sixth Circuit wrongly interpreted a different exclusion provision,
this time the provision excluding
“delay resulting from transportation of any
defendant from another district, or to and from places of
examination or hospitalization,
except that any time consumed
in excess of ten days from the date an order of removal or an
order directing such transportation, and the defendant’s arrival at
the destination
shall be presumed to be unreasonable.”
§3161(h)(1)(F) (2006 ed., Supp. III) (emphasis added).
The District Court granted Tinklenberg’s request
for a competency evaluation and he was transported to a medical
facility for examination. The lower courts agreed that a total of
20 transportation days elapsed and that since the Government
provided no justification, all days in excess of the 10 days
specified in the statute were unreasonable. But in counting those
excess days, the court exempted weekend days and holidays. Since
Veterans Day, Thanksgiving Day, and three weekends all fell within
the 20-day period, only 2 days, not 10 days, were considered
excessive, during which the 70-day Speedy Trial Act clock continued
to tick.
Tinklenberg argues that subparagraph (F) does
not exempt weekend days and holidays; hence the court should have
considered 10, not 2, days to be excessive. And the parties concede
that those 8 extra ticking days are enough to make the difference
between compliance with, and violation of, the Act.
As the Solicitor General notes, we may
consider, or “decline to entertain,” alternative grounds for
affirmance. See
United States v.
Nobles,
422 U. S. 225, 242,
n. 16 (1975). In this case, we believe it treats Tinklenberg,
who has already served his sentence, more fairly to consider the
alternative ground and thereby more fully to dispose of the
case.
The Sixth Circuit exempted weekend days and
holidays because it believed that subparagraph (F) incorporated
Federal Rule of Criminal Procedure 45(a). At the relevant time,
that Rule excluded weekend days and holidays when computing any
period of time specified in the “rules,” in “any local rule,” or in
“any court order” that was less than 11 days. Fed. Rule Crim. Proc.
45(a) (2005). But in our view subparagraph (F) does not incorporate
Rule 45. The Act does not say that it incorporates Rule 45. The
Government has given us no good reason for reading it as
incorporating the Rule. And the Rule itself, as it existed at the
relevant time, said that it applied to “rules” and to “orders,” but
it said nothing about statutes. Other things being equal, the fact
that Rule 45 is revised from time to time also argues against its
direct application to subparagraph (F). That is because those
changes, likely reflecting considerations other than those related
to the Speedy Trial Act, may well leave courts treating similar
defendants differently.
Without relying upon a cross-reference to Rule
45, we believe the better reading of subparagraph (F) would include
weekend days and holidays in its 10-day time period. Under the
common-law rule, weekend days and holidays are included when
counting a statutory time period of 10 days unless the statute
specifically excludes them. See 74 Am. Jur. 2d, Time §22, p. 589
(2001) (in calculating time periods expressed in statutes, “when
the time stipulated must necessarily include one or more Saturdays,
Sundays, or holidays, those days will not be excluded, in the
absence of an express proviso for their exclusion”). Many courts
have treated statutory time periods this way. See,
e.g.,
Howeisen v.
Chapman, 195 Ind. 381, 383–384, 145
N. E. 487, 488 (1924);
American Tobacco Co. v.
Strickling, 88 Md. 500, 508–511, 41 A. 1083, 1086 (1898).
And Congress has tended specifically to exclude weekend days and
holidays from statutory time periods of 10 days when it intended
that result. Compare 18 U. S. C. §3142(d)(2) (permitting the
temporary detention of certain defendants “for a period of not more
than ten days, excluding Saturdays, Sundays, and holidays”) and 5
U. S. C. §552a(d)(2)(A) (requiring an agency to acknowledge
receipt of a request to amend agency records within “10 days
(excluding Saturdays, Sundays, and legal public holidays)”) with 18
U. S. C. §2518(9) (establishing a 10-day period for disclosing
applications for and court orders authorizing wiretaps without
specifically excluding weekends and holidays) and §4244(a)
(providing a 10-day period after conviction for filing a motion to
request mental health treatment without specifically excluding
weekends and holidays). Indeed, Rule 45 has been recently modified
so that now (though not at the time of Tinklenberg’s proceedings)
it requires a similar result. Fed. Rule Crim. Proc. 45(a)(1) (2010)
(instructing that weekend days and holidays are to be counted when
calculating all time periods, including statutory time periods for
which no alternative method of computing time is specified).
* * *
We disagree with the Sixth
Circuit’s interpretation of both subparagraph (D) and subparagraph
(F), and now hold that its interpretations of those two provisions
are mistaken. Nonetheless the conclusions the court drew from those
two interpretations in relevant part cancel each other out such
that the court’s ultimate conclusion that Tinklenberg’s trial
failed to comply with the Speedy Trial Act’s deadline is correct.
Therefore, the Sixth Circuit’s judgment ordering dismissal of the
indictment on remand is
Affirmed.
Justice Kagan took no part in the
consideration or decision of this case.
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