A divided federal appeals panel on Tuesday rejected rehearing en banc a dispute over the Speedy Trial Act where a judge admitted fault for delaying a proceeding.

Judges Rosemary Pooler and Peter Hall of the U.S. Court of Appeals for the Second Circuit sent the case of Raheem Bert back to a lower court judge who acknowledged that an 11-month delay in bringing Bert to trial on gun charges, without excluding time under the act, was her fault.

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