United States v. Sergio Samaniego-Viscarra

990 F.2d 1265 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Sergio SAMANIEGO-VISCARRA, Defendant-Appellant. No. 92-30248. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 8, 1993. Decided April 16, 1993. Before D.W. NELSON, TROTT and T.G. NELSON, Circuit Judges. 1 MEMORANDUM * 2 Appellant Sergio Samaniego-Viscarra appeals his indictment and subsequent conviction for illegal reentry by a deported alien, in violation of 8 U.S.C. § 1326 (1988). Samaniego asserts a violation of the Speedy Trial Act, 18 U.S.C. § 3161 et seq. (1988), because more than thirty days elapsed between his "arrest" by Immigration and Naturalization Service (INS) agents on October 18, 1991, and his indictment for illegal reentry on December 18, 1991. The district court denied Samaniego's motion to dismiss on those grounds on March 19, 1992. 3 We find no violation of the Speedy Trial Act. "[A]bsent a determination that…