United States Fifth Circuit

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US v. Molina-Solorio, 08-10167

In a prosecution for escaping from federal custody, denial of defendant's motion to dismiss the indictment is reversed where the length of defendant's custody violated the Speedy Trial Act because the lengthy delay, combined with the government's negligence and defendant's timely assertion of his rights, warranted a finding of presumed prejudice.

Appellate Information

  • Decided 07/28/2009
  • Published 07/28/2009

Judges

  • CARL E. STEWART, Circuit Judge:, Before KING, STEWART and SOUTHWICK, Circuit Judges.

Court

  • United States Fifth Circuit

Counsel

  • For Appellant:
  • Denise B. Williams (argued), Lubbock, TX, for U.S.

  • For Appellees:
  • Jason Douglas Hawkins (argued), Fed. Pub. Def., Dallas, TX, for Defendant-Appellant.