Sanchez-Vasquez

MEMORANDUM ***

We conclude that the district court did not err or abuse its discretion in denying Sanchez-Vasquez’s motion to dismiss the superseding indictment. The government initially filed a complaint against Sanchez-Vasquez alleging that he was a deported alien found in the United States, in violation of 8 U.S.C. § 1326 . The indictment also charged Sanehez-Vasquez with being a deported alien found in the United *369 States, in violation of section 1326. Four months later, the government filed a superseding indictment charging Sanchez-Vasquez with attempted entry after deportation, in violation of 8 U.S.C. § 1326 . Sanchez-Vasquez filed a motion to dismiss the superseding indictment because it violated the Speedy Trial Act (“STA”), 18 U.S.C. § 3161 , involved unnecessary delay under Fed.R.Crim.P. 48(b), and violated his Fifth Amendment due process rights. The district court denied the motion.

The superseding indictment did not violate the STA. “A charge contained in a superseding indictment which was not included in the original complaint does not violate the Speedy Trial Act.” United States v. Gastelum-Almeida, 298 F.3d 1167, 1173 (9th Cir.2002). Here, the indictment…