United States v. Arturo Gonzalez-Sandoval

Arturo Gonzalez-Sandoval appeals his conviction for being found illegally in the United States after deportation, in violation of 8 U.S.C. § 1326 .

He was sentenced under the Sentencing Reform Act of 1984 (SRA) to six months in prison and supervised release for one year. Prior to trial Gonzalez made three motions, all of which the court denied: (1) to suppress all statements obtained from him in violation of his Miranda rights; (2) to dismiss the indictment as a result of unjustifiable delay in violation of the fifth amendment’s due process clause and sixth amendment right to a speedy trial; and (3) for a continuance to obtain a tape of his deportation hearing and witness testimony with which to challenge the outcome of the deportation proceeding. The court’s denial of these motions, and its determination of his sentence according to the SRA, form the basis of Gonzalez’s appeal.

BACKGROUND

On April 6, 1986, Gonzalez-Sandoval was arrested and charged with transporting illegal aliens in violation of 8 U.S.C. § 1324 (a)(2), aiding and abetting illegal entry in violation of 18 U.S.C. § 2 and 8 U.S.C. § 1325 , and failure to carry documents in violation of 8 U.S.C. § 1304 (e). At…