United States v. Pedro Perez-Reveles

Pedro Perez-Reveles appeals his convictions for distribution of heroin and conspiracy to distribute heroin. 21 U.S.C. §§ 841 (a) and 846. He contends it was error to deny his pretrial motion for dismissal of the indictment because the trial did not commence within the 70-day period required by the Speedy Trial Act (the “Act”), 18 U.S.C. §§ 3161-3174 . We hold that the appellant was not tried within the required 70-day period, and therefore the convictions must be reversed and the indictment dismissed pursuant to section 3162 of the Act.

I

Facts

Perez-Reveles was arrested on July 2, 1981. He appeared that day before a magistrate, and was held to answer to the charges of unlawful possession of heroin with intent to distribute and conspiracy to distribute. He was indicted on July 16 and arraigned on July 20, at which time trial was set for August 25. On August 10, Perez-Reveles appeared with court-appointed counsel to confirm the trial date. However, on August 24, the attorney appeared without Perez-Reveles. He stated that Perez-Reveles’s codefendants had pleaded guilty that day, and “[i]t will be my intention to not go to trial tomorrow so we can continue our matter so we can use…