United States v. Jose Lopez-Espindola

Appellant was indicted, tried by a jury, and convicted on a two-count indictment charging him with: (1) violation of 8 U.S.C. § 1326 [being an alien in the United States after deportation] and (2) violation of 18 U.S.C. § 911 [making a false claim of United States Citizenship]. On appeal he argues violation of the Speedy Trial Act, 18 U.S.C. § 3161 , et. seq. We affirm.

PROCEDURAL BACKGROUND

Because a decision must be grounded on the procedural history as shown by the record, we list the following relevant dates:

(1) April 19,1979-federal complaint filed, appellant arrested, appellant released on bond.

(2) April 26, 1979-appellant, with counsel, appeared at federal preliminary hearing.

(3) May 5 1979-appellant arrested in connection with state robbery charge and jailed in state facility.

(4) May 7, 1979-federal indictment filed.

(5) June 28, 1979-appellant acquitted of armed robbery charge but remained in state custody in connection with probation revocation proceedings.

(6) August 31, 1979-appellant arraigned on indictment and entered pleas of not guilty.

(7) September 3, 1979-appellant released from state custody.

(8) September 18, 1979-government moved to exclude from…