820 F. Supp. 2d 306
D.P.R.2011Background
- Irizarry-Colon indicted in 2011 on 35 counts, including conspiracy to defraud and multiple false entry/statements charges, with asset forfeiture sought.
- Defendant previously faced similar charges in 2005, 2007, and 2010; each indictment dismissed on speedy-trial grounds (without prejudice in relevant cases).
- The 2010 indictment was dismissed on motion; magistrate recommended dismissal without prejudice; district court adopted dismissal.
- Current indictment issued June 17, 2011; initial appearance/arraignment June 30, 2011; status conference July 21, 2011; jury trial set for September 8, 2011.
- Defendant sought dismissal on August 25, 2011; the court tolled the Speedy Trial Act on August 16, 2011; ultimately denied the motion.
- The court analyzed the Speedy Trial Act and Sixth/Fifth Amendment due-process claims to determine if dismissal was warranted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| STA restart after third indictment | Irizarry-Colon | Irizarry-Colon argues the government’s response constitutes a government motion under §3161(h)(5) and that the clock did not restart. | STA clock restarted; seventy-day period reset. |
| Sixth Amendment speedy-trial claim | Irizarry-Colon | Delay was presumptively prejudicial given lengthy pre-trial delays. | No presumptively prejudicial delay; no Sixth Amendment violation. |
| Fifth Amendment due-process delay | Irizarry-Colon | Delay caused substantial prejudice or tactical advantage. | No substantial prejudice or intentional delay shown; due-process claim denied. |
Key Cases Cited
- Barker v. Wingo, 407 U.S. 514 (U.S. 1972) (establishes four-factor test for speedy-trial violations)
- United States v. Marion, 404 U.S. 307 (U.S. 1971) (speedy-trial protections attach at arrest/indictment; pre-indictment delay due-process considerations)
- Doggett v. United States, 505 U.S. 647 (U.S. 1992) (presumptive prejudice based on delay varies by case; longer delays weigh more)
- Colombo, 852 F.2d 19 (1st Cir. 1988) (discusses STA timing when government dismisses charges and reindicts)
- United States v. Muñoz-Amado, 182 F.3d 57 (1st Cir. 1999) ( Sixth Amendment speedy-trial scope and factors)
- Lovasco, 431 U.S. 783 (U.S. 1977) (due-process considerations in pre-indictment delay)
- United States v. De Cologero, 530 F.3d 36 (1st Cir. 2008) (substantial prejudice standard for due-process delay)