United States Fourth Circuit

Conviction for re-entering the U.S. after deportation is affirmed over defendant's claims that: 1) a Virginia State Police officer violated his Fourth Amendment rights by requesting identification from him while he was a passenger in a lawfully stopped vehicle; 2) his Fourth and Fifth Amendment rights were violated when the government produced another man, rather than him, at his preliminary hearing; 3) his re-indictment after dismissal of his first indictment for clerical error violated his Sixth Amendment right to a speedy trial; and 4) Department of Homeland Security regulations governing the testimony of agency employees interfered with his attempt to call an immigration agent as a defense witness, in violation of his Sixth Amendment rights to confrontation of witnesses and compulsory process.

Appellate Information

• Decided 07/11/2007
• Published 07/11/2007

Judges

• Before WILKINSON and TRAXLER, Circuit Judges, and WILKINS, Senior Circuit Judge.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Dale Warren Dover, Alexandria, Virginia, for Appellant.   Marla Brooke Tusk, United States Department of Justice, Washington, D.C., for Appellee.   ON BRIEF:  Chuck Rosenberg, United States Attorney, Stephanie Bibighaus Hammerstrom, Assistant United States Attorney, Office of the United States Attorney, Alexandria, Virginia, for Appellee.