United States v. Roberto Martinez-Martinez

Appellant Roberto Martinez-Martinez (“Martinez”) appeals his conviction and 51-month sentence for attempted illegal reentry into the United States in violation of 8 U.S.C. § 1326 . At trial, Martinez argued that he did not possess the specific intent required to convict under § 1326 for attempting to enter, because the combined effect of heroin, methamphetamine, and Rohypnol (commonly known as “ruffies”, or the “date rape drug”) rendered him “blacked out,” and therefore not in control of his conscious mind. On appeal, Martinez raises several arguments, though he primarily focuses his attention on claims that the district court seated a biased juror, and impermissibly allowed the government to delay indicting him after his arrest by improperly tolling the Speedy Trial Act.

We exercise jurisdiction over Martinez’s appeal pursuant to 28 U.S.C. § 1291 . As we find none of Martinez’s arguments availing, we now affirm the proceedings before the district court below in their entirety.

I.

BACKGROUND

On May 14, 2002, Martinez, a native and citizen of Mexico who had been deported from the United States on September 22, 1998, was arrested attempting to enter the United States illegally.…