The government indicted Irizarry for a third time on January 27, 2010. The third indictment charged the same counts as the second but with the bank fraud counts removed (leaving thirty-five counts and a request for forfeiture). On May 12, 2010, Irizarry moved to dismiss the third indictment on the ground that ninety nonexcludable days had passed and that he had been prejudiced by the cumulative delay up to that point. His motion sought to take advantage of a recent Supreme Court decision, Bloate v. United States, 559 U.S. 196, 130 S.Ct. 1345, 176 L.Ed.2d 54 (2010), that had abrogated a prior rule in this circuit that automatically excluded time for the parties to prepare pretrial motions from the Speedy Trial Act clock. See United States v. Huete-Sandoval, 668 F.3d 1, 4 (1st Cir. 2011) (<HOLDING>). The district court dismissed the indictment,
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