United States v. Jesus Ernesto Diaz-Alvarado, United States of America v. Manuel Perez-Cruz

Appellants Diaz-Alvarado and Perez-Cruz were each convicted of one count of distribution of heroin in violation of 21 U.S.C. § 841 (a)(1) and 18 U.S.C. § 2 , and one count of conspiracy to distribute heroin in violation of 21 U.S.C. § 841 (a)(1) and 21 U.S.C. § 846 . They were sentenced respectively to 12 and 10 year concurrent terms on the two counts. On appeal, appellants claim that they were denied their right to a speedy trial and that the trial judge erred in failing to give an instruction on the conspiracy count.

RIGHT TO SPEEDY TRIAL

Appellants contend that the 152 days they were held in custody prior to trial deprived them of their right to a speedy trial.

Under 18 U.S.C. § 3164 , persons who are being held in custody solely because they are awaiting trial shall be brought to trial within 90 days. This section of the Speedy Trial Act is an interim measure which is effective until July 1, 1979. The sanction for violating 18 U.S.C. § 3164 is pre-trial release from custody. We acknowledge that the 152-day delay in the appellants’ case violated § 3164. However, the only remedy in this situation was pre-trial release from custody and this is no longer available to…