Sentencing Resource Counsel Ada (“Sissy”) Phleger has the details, including as to the practical relevance of the case:
On Monday, the Supreme Court granted-vacated-and-remanded a case involving the Speedy Trial Act, White v. United States (17-270), in light of the Solicitor General’s confession of error. While the Government’s confession blocked merits review in Mr. White’s particular case, its arguments can be useful to others who encounter the issue (particularly in the Fourth, Sixth, Seventh, and Eighth Circuits).
The Sixth Circuit had rejected Petitioner Jimmie White’s Speedy Trial Act claim which turned on how to treat the time spent in ultimately unsuccessful plea negotiations. Mr. White sought cert, presenting the following question:
Whether, under the Speedy Trial Act, time engaged in a plea negotiation that does not result in a finalized plea agreement is automatically excludable as “other proceedings concerning the defendant” under 18 U.S.C. § 3161(h)(1), as four circuits hold;