United States First Circuit

The district court properly denied defendant's motion to dismiss and request for sanctions based on his allegations of Speedy Trial Act violations, where: 1) defendant was not in federal custody when he was erroneously detained by State authorities following the lodging of a federal detainer and dismissal of state criminal charges; 2) defendant did not enter federal custody until October 3, 2011, the date on which he was arrested by United States Marshals and brought before a federal judge; 3) defendant's indictment occurred within thirty days of his arrest on federal charges and therefore did not violate the Speedy Trial Act; and 4) the district court did not err by failing to impose any sanctions against the federal government as a result of its purported failure to notify him that it had lodged a federal detainer against him.

Appellate Information

• Decided 10/04/2013
• Published 10/04/2013

Judges

• THOMPSON

Court

• United States First Circuit

Counsel