Barraza-Lopez
United States v. Barraza-Lopez
Opinion
Opinion
Fisher, J.
We hold that the Speedy Trial Act’s 30-day preindictment time limit, which ordinarily runs from the date of the defendant’s initial arrest, restarts when the underlying complaint is dismissed without prejudice and the charges are later refiled.
Background
On July 2, 2004, local police arrested Juan Pedro Barraza-Lopez for public drunkenness and discovered he was “in this country illegally.” Barraza-Lopez was then transferred to the custody of the Department of Homeland Security (DHS) to await prosecution for illegal reentry under 8 U.S.C. § 1326 . On July 4, however, Barraza-Lopez escaped from DHS custody through a hole in a barracks yard fence and returned to Mexico. A few weeks later, the government obtained an indictment charging Barraza-Lopez with (1) being an illegal alien previously removed from the United States who was found in the United States on July 3, 2004 (the “found-in date” for this § 1326 offense); and (2) escape from federal custody, in violation of 18 U.S.C. § 751 (a).
In June 2007, Barraza-Lopez again reentered the United States. He was arrested and taken into state custody shortly after his reentry. On June 7, 2007, while Barraza-Lopez was in state…