Bordonici

United States v. Bordonici

Good Law
74 F. App'x 778
United States Court of Appeals for the Ninth CircuitSeptember 4, 2003No. 02-30274; D.C. No. CR-01-00014-AKF-JWSCalifornia344 words

Opinion

Lead Opinion

*779 MEMORANDUM *

We reject Bordonici’s contention that he was denied a speedy trial under the preindictment delay provisions of 18 U.S.C. § 3161 (b). 1 There is no legal basis for Bordonici’s assertion that the speedy trial clock began to run when he was arrested on state charges by Alaska state police. Only a federal arrest, in which the defendant is detained pursuant to federal charges, triggers the running of the speedy trial clock. See United States v. Benitez, 34 F.3d 1489, 1493 (9th Cir.1994). Bordonici has offered no reason why this rule should not apply in his case. Nor did the time Bordonici spent in INS custody prior to his federal arrest start the speedy trial clock; the district court did not clearly err in concluding that there was insufficient evidence of collusion between the federal government and INS. See United States v. Cepeda-Luna, 989 F.2d 353, 354 (9th Cir.1993).

We reject Bordonici’s allegation that the district court’s discovery ruling violated due process. 2 The district court’s decision to allow the government to screen Bordonici’s INS file for the evidence requested by Bordonici, rather than admit the entire file into evidence, did not violate…

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