Pete
United States v. Pete
Opinion
Lead Opinion
*732 MEMORANDUM **
Branden Pete (“Pete”) appeals his conviction for second degree murder, felony murder, and conspiracy to commit murder, for which he was sentenced to life in prison.
1. The speedy trial provision of the Juvenile Delinquency Act (“JDA”), 18 U.S.C. § 5036
The district court’s factual conclusion that Pete’s tribal detention did not indicate any “bad faith collusion between federal or tribal authorities in detaining [Pete] on the tribal charges,” United States v. Doe (“Doe II”), 366 F.3d 1069, 1074 (9th Cir.2004) (en banc), was not clearly erroneous. There is testimony by both federal and tribal officers supporting the conclusion that the tribal officers independently decided whether to take Pete into custody and what to charge him with. Furthermore, the record does not prove that “tribal and federal police actually collaborated to deny [Pete] his federal procedural rights.” United States v. Doe (“Doe /”), 155 F.3d 1070, 1078 (9th Cir.1998) (en banc).
Pete’s federal detention therefore did not begin during the seven months he spent in tribal custody. We affirm the district court’s denial of Pete’s motion to dismiss for violation of the speedy trial provision of…