United States v. Robert Mendez

MEMORANDUM

Defendant Robert Vincent Mendez appeals his conviction of four counts of bank robbery, in violation of 18 U.S.C. § 2113 (a). Mr. Mendez argues that his conviction should be reversed due to: (1) violation of the Speedy Trial Act; (2) violation of the Sixth Amendment’s Speedy Trial Clause; and (3) violations of the Miranda rule, the McNabb-Mallory rule, and due process. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

1. The Speedy Trial Act of 1974, 18 U.S.C. § 3161 et seq., provides that a trial “shall commence within seventy days from the filing date ... of the information or indictment, or from the date the defendant has appeared before a judicial officer of the court in which such charge is pending, whichever date last occurs.” 18 U.S.C. § 3161(c)(1). “[T]he 70-day time period d[oes] not begin running until [the defendant] first appear[s] before a judicial officer of the charging district.” United States v. Wilson, 720 F.2d 608, 609 (9th Cir.1983).

Mr. Mendez did not make his first appearance before a judicial officer in the District of Oregon — the charging district— until November 7, 2011. Defendant’s trial was set for January 10, 2012, and his…