doubt that such time was automatically excludable. 7 . Not only did Huete preserve the STA issue, but also because his appeal is on direct review, Bloate applies retroactively. See Griffith v. Kentucky, 479 U.S. 314, 328, 107 S.Ct. 708, 93 L.Ed.2d 649 (1987) ("[A] new rule for the conduct of criminal prosecutions is to be applied retroactively to all cases, state or federal, pending on direct review or not yet final, with no exception for cases in which the new rule constitutes a 'clear break’ with the past.’’). 8 . We note that other circuits are divided as to whether plea negotiations are automatically excludable from the Speedy Trial Act calculation as "other proceedings" pursuant to 18 U.S.C. § 3161(h)(1). Compare United States v. Leftenant, 341 F.3d 338, 344-45 (4th Cir. 2003) (<HOLDING>); United States v. Van Someren, 118 F.3d 1214,
holding that driving while intoxicated is not a violent felony pursuant to 18 usc  924e2b holding that promises made in a plea agreement could violate 18 usc  201c holding that 18 usc  3625 does not preclude claims that the bop acted contrary to established federal law violated the constitution or exceeded its statutory authority when it acted pursuant to 18 usc  3621 holding that 18 usc  1919 did not implicitly repeal 18 usc  1001 holding that plea negotiations trigger automatic exclusion pursuant to 18 usc  3161h1