United States v. Anthony Dejohn (02-3158) Christopher Harb (02-3175)

RYAN, Circuit Judge,

concurring.

While the defendants have sent up a considerable number of issues in these appeals, there are only two, as the majority opinion correctly recognizes, that have even arguable merit. The first is the claim made by both defendants that they suffered a violation of the Speedy Trial Act, and the second is DeJohn’s claim that a specific unanimity jury instruction was required for his felon-in-possession charge. While I agree with my colleagues’ analysis with respect to the jury instruction issue and with their conclusion that there was no violation of the Speedy Trial Act, my analysis of the latter issue differs considerably from theirs.

After a close examination of the language of Sections 3161(b) and 3162(a)(1) and the decisions of this and other circuits construing those sections, I am satisfied that there was no violation of the Speedy Trial Act because, and solely because, there was no arrest within the meaning of Section 3161(b) to trigger the 30-day pre-indictment clock. United States v. Graef, *54931 F.3d 362, 364 (6th Cir.1994); see also United States v. Salgado, 250 F.3d 438, 454 (6th Cir.2001); United States v. Mills, 964 F.2d 1186, 1189 (D.C.Cir.1992) (en banc) (collecting cases); United States v. Summers, 894 F.2d 90, 91 (4th Cir.1990); United States v. Alfarano, 706 F.2d 739, 741 (6th Cir.1983) (per curiam).

For the foregoing reasons, I am pleased to concur in the court’s judgments of affir-mance in these two cases.