Braswell

MEMORANDUM **

Wendell Braswell appeals the district court’s denial of his motion alleging a violation of his Speedy Trial rights under 18 U.S.C. § 3161 (b). He also asserts that he was vindictively prosecuted. We have jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm.

Braswell does not contend that federal charges were ever filed against him following his September 25,1999 arrest for attempting to import marijuana into the United States. Instead, Braswell was immediately turned over to state authorities, who rejected prosecution. In United States v. Benitez, 34 F.3d 1489 (9th Cir.1994), we held that “[a]n individual who is not officially charged with a federal offense ... has not been arrested for the purposes of 18 U.S.C. § 3161 (b).” Id. at 1493 . See also United States v. Johnson, 953 F.2d 1167, 1172 (9th Cir.) (F.B.I. investigation followed by state arrest does not trigger Speedy Trial Act). Similarly here, Bras-well was arrested by federal officials, but immediately turned over to state authorities. Therefore, Braswell’s claim fails.

Braswell’s vindictive prosecution claim is based solely upon a one-sentence statement within his Speedy Trial motion, claiming that…