United States v. Benigno Pena-Carrillo

Benigno Pena-Carrillo entered a conditional plea of guilty to one count of illegal reentry, and was sentenced to the maximum of five years with a 3-year term of supervised release. He appeals the denial of his motion to dismiss the indictment against him because of alleged violations of the Speedy Trial Act. He also argues that the district court erred in applying the Sentencing Guidelines. We affirm his conviction and sentence.

I.

On March 5,1993, federal law enforcement agents arrested Pena-Carrillo on charges of illegal reentry, in violation of 8 U.S.C. § 1326 (b). On March 8, 1993 an Immigration Detainer was filed against him, and on March 17, 1993, a criminal complaint was filed against him, alleging illegal reentry into the United States. The district court held a preliminary hearing on March 25, 1993, and ordered that Pena-Carrillo be detained. The magistrate-judge set arraignment on an indictment, should one be returned, for April 19, 1993.

The government failed, however, to present, Pena-Carrillo’s case before the federal grand jury that met in Eugene, Oregon on April 14 and 15, 1993. The Assistant U.S. Attorney testified that the failure to present Pena-Carrillo’s…