United States Second Circuit

Conviction for illegal reentry to the United States after having been deported subsequent to a conviction for an aggravated felony is affirmed over claims of error that: 1) defendant's pre-indictment detention by immigration authorities violated his rights under the Speedy Trial Act (STA) and the Fifth Amendment's Due Process Clause; and 2) the district court should have dismissed the indictment on those grounds.

Appellate Information

• Decided 08/15/2008
• Published 08/15/2008

Judges

• PER CURIAM:, Before LEVAL, CALABRESI, and POOLER, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Evan C. Williams, Assistant United States Attorney (Susan Corkery, Assistant United States Attorney, on the brief), for Benton J. Campbell, interim United States Attorney for the Eastern District of New York, New York, N.Y., for Appellee., Edward S. Zas, Federal Defenders of New York, Inc, Appeals Bureau, New York, N.Y., for Defendant-Appellant.