United States v. Rayburn Dazen

Dazen was tried and found guilty of an act of juvenile delinquency. He appeals from the judgment and commitment.

The sole issue on appeal is whether the district court erred in denying the motion of Dazen, a juvenile, to dismiss the information because he had not been brought to trial within the 30-day period prescribed by 18 U.S.C. § 5036 . We uphold the district court because we are convinced that the district court did not abuse its discretion in interpreting the representations of Dazen’s counsel as a waiver of the strict 30-day rule and because we believe that denial of the motion, under all of the circumstances of the case, was in the interests of justice.

On January 9, 1979, Dazen, a 16-year old Indian, was charged with manslaughter in the death of another Indian on an Indian reservation pursuant to 18 U.S.C. §§ 1112 and 1153. Dazen was arrested for homicide on January 8, 1979, and he was taken into federal custody on that date. On January 10, counsel was appointed for him, and he was brought before the United States magistrate where he was advised of the charges against him. The magistrate set bail and issued a temporary commitment order to the United States Marshal on…