Henriquez-Castillo
United States v. Henriquez-Castillo
Opinion
Lead Opinion
MEMORANDUM *
Yonsi Jacob Henriquez-Castillo (“Henriquez”) appeals from his conviction for being an illegal alien in possession of a firearm, in violation of 18 U.S.C. §§ 922 (g)(5) and 924(a)(2). He contends that the district court erred in denying his motion to dismiss the indictment because he was not indicted within the time required by the Speedy Trial Act (“STA”). We have jurisdiction over this appeal pursuant to 28 U.S.C. § 1291 , and we affirm.
Henriquez was arrested by the Mesa Police Department (“MPD”) on a state weapons charge on September 7, 2007. The MPD contacted the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) for a possible federal firearms violation. The case was then investigated by the joint ATF/MPD Violent Crime Impact Team. 1 The state charges were re *86 solved on Friday, September 21, 2007, and ATF was informed that Henriquez would be released from state custody. A federal warrant was issued upon a complaint, and federal authorities requested that Henriquez be held until Monday, September 24. Henriquez’s release from state custody was delayed, however, because, due to incomplete paperwork, the state charge on which Henriquez was arrested' was…