Chavez-Garcia
United States v. Chavez-Garcia
Opinion
Opinion
Rhoades, J.
ORDER DENYING DEFENDANT’S MOTION TO DISMISS
I. Overview
Defendant Humberto Chavez-Garcia has filed a Motion to Dismiss the indictment. For the reasons stated below, the Court denies the motion.
II. Background
Defendant is a Mexican national who has a criminal history in the United States and has been deported several times. On March 2, 1998, Defendant attempted to enter the United States through the pedestrian portion of the San Ysidro Port of Entry, claiming he was an American citizen. Defendant was arrested.
On March 17, 1998, in accordance with the “fast track policy," Defendant requested that the preliminary hearing be continued for six weeks. The “fast track policy” was instituted to expedite illegal reentry cases. Typically, the government makes a/plea offer contingent upon acceptance prior to the issuance of an indictment. After an indictment is returned, the offer is rescinded. To allow more time for considering the offer, defendants often move to continue the proceedings. The Speedy Trial Act (STA) provides, however, that “[a]ny ... indictment charging an individual with the commission of an offense shall be filed within thirty days from the date on which such…