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United States v. Barraza-Lopez

December 17, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
JUAN PEDRO BARRAZA-LOPEZ, DEFENDANT.



The opinion of the court was delivered by: M. James Lorenz United States District Court Judge

ORDER [Docket No. 34-1; 34-2; 34-3; and 34-4]

Defendant has filed several motions to dismiss the charges against him, alleging his right to a speedy trial has been violated. For the reasons set forth below, the Court denies Defendant's motions.

Background

Utilizing both the Clerk's Office docket entries and the information provided in the parties submissions, the Court has established the following time-line of pertinent events in this case:

7/2/2004 Defendant was arrested and charged with being a deported alien found in the United States, in violation of 8 U.S.C. § 1326.

7/4/2004 Defendant escaped from custody.

7/20/2004 The Grand Jury returned an indictment against Defendant charging him with one count of being a deported alien found in the United States in violation of 8 U.S.C. § 1326 and one count of escape, in violation of 18 U.S.C. § 751(a). An arrest warrant was issued for Defendant.

9/6/2006 Defendant was convicted in Mexico for carrying a prohibited weapon and was sentenced to 10 months in a Mexican prison.

6/1/2007 Defendant re-entered the United States.

6/7/2007 Defendant was arrested by the Chula Vista Police. Following his arrest, Immigration and Customs Enforcement (ICE) lodged a detainer on Defendant and requested to be notified at least 30 days prior to Defendant's release from state custody, 12/4/2007 Defendant was convicted in the San Diego Superior Court for Possession of a Firearm with a Prior Violation. He was sentenced to 2 years in state prison.

7/21/2008 Border Patrol was alerted of Defendant's anticipated release from state custody on November 12, 2008.

11/12/2008 Border Patrol Agents arrived at Centinela State Prison and took custody of Defendant.

11/13/2008 A Complaint was filed in case number 08MJ3525-NLS, charging Defendant with being a deported alien found in the United States in violation of 8 U.S.C. § 1326(a) and (b). The complaint alleged a "found in" date of November 12, 2008. However, at the November 13, 2008 arraignment, Defendant was arraigned on the outstanding Indictment. The Magistrate Judge granted the Government's motion to dismiss the Complaint in 08MJ3525-NLS without prejudice. 12/15/2008 The Court granted Defendant's request for a continuance of the motion hearing/trial setting. 1/26/2009 The Court granted Defendant's request for a continuance of the motion hearing/trial setting.

3/2/2009 The Court granted Defendant's request for a continuance of the motion hearing/trial setting.

3/16/2009 The Court granted Defendant's request for a continuance of the motion hearing/trial setting.

3/18/2009 The Government superceded the original indictment to conform the original charges with intervening changes in the law.

4/20/2009 The Court granted Defendant's request for a continuance of the Status Conference.

5/26/2009 The Court granted Defendant's request for a continuance of the Status Conference.

6/15/2009 The Court denied Defendant's seventh request for a continuance and set the case for trial.

9/16/2009 The Government obtained a Second Superceding Indictment, charging Defendant with an additional count of being a deported alien found in the United States in violation of 8 U.S.C. § 1326(a) and (b). The indictment alleged a "found in" date of June 7, 2007.

10/22/2009 Defendant alleged his speedy trial rights were violated for the first time.

11/2/2009 The Court granted Defendant's request for a continuance of the motion in ...


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