United States v. Irizarry-Colon

268 F. Supp. 3d 324
CourtDistrict Court, D. Puerto Rico
DecidedAugust 2, 2017
DocketCriminal No. 11-231 (FAB)
StatusPublished
Cited by1 cases

This text of 268 F. Supp. 3d 324 (United States v. Irizarry-Colon) is published on Counsel Stack Legal Research, covering District Court, D. Puerto Rico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Irizarry-Colon, 268 F. Supp. 3d 324 (prd 2017).

Opinion

OPINION AND ORDER1

BESOSA, District Judge.

On October 22, 2014, Efren Irizarry-Colon (“Irizarry”) pled guilty to conspiring to defraud the United States Department of Agriculture in violation of 18 U.S.C. section 371.2 (Docket No. 104 at p. 1.) The guilty plea was conditioned on Irizarry’s right to appeal this Court’s previous four dismissals of the case without prejudice on the basis of alleged violations of the Speedy Trial Act and the Fifth and Sixth Amendments to the United States Constitution. Id. at p. 5. The First Circuit Court of Appeals vacated the Court’s denial of Irizarry’s Sixth Amendment claim, remanded for reconsideration, and affirmed all other aspects. (Docket No. 136 at p. 2.) The Court requested (Docket No. 139) and Irizarry and the United States filed, supplementary memoranda discussing the four factors set forth in Barker v. Wingo, 407 U.S. 514, 92 S.Ct. 2182, 33 L.Ed.2d 101, (1972). (Docket Nos. 145, 146 and 147.) For the reasons that follow, the Court GRANTS Irizarry’s motion, and DISMISSES the indictment with prejudice.

1. BACKGROUND

After Hurricane Georges struck Puerto Rico in 1998, Irizarry acted as a closing agent for the Farm Service Administration (“FSA”) and as an attorney for emergency and operating loans disbursed to farmers in the Areeibo region in Puerto Rico. (Docket No. 104 at p. 9.) Between September 1998 and September 2000, Irizarry participated in a conspiracy to defraud the United.States government. Id. at p. 9. In essence, the fraud involved:

[F]iling of applications for emergency loans for farmers through the FSA [... ] The applications would contain false information and would also be accompanied by -false documentation. [Irizarry] would not timely present the mortgages for recording at the Property Registrar, at the time of the disbursement of the loans, contrary to his obligations as closing agent, thereby deceiving FSA into [328]*328believing -that the loan had not yet closed, and as a mechanism to delay the collection of payments by the FSA from the particular farmers. . -

Id. at pp. 9-10.

Irizarry was. first indicted on July 28, 2005. He was arrested and arraigned on August 4, 2005. (Criminal No. 05-258, Docket No. 98 at p. 1; and ECF Docket No. 136 at p. 3.) Irizariy filed, his first motion to dismiss pursuant to the Speedy Trial Act (“STA”) on January 29,2007. See Criminal No. 05-258, Docket No. 81. The Court found that 294 non-excludable, days had elapsed, well beyond the 70-day STA requirement, and dismissed the case. Id. at Docket No. 98 at p. 4.- Because of the seriousness of the offense, the lack of governmental bad faith, and the lack of prejudice towards Irizarry, the dismissal was without prejudiced.3 Id. Docket No. 98 at p. 5.

• Irizarry was subsequently re-indicted on April 4, 2007. (Criminal No. 07-146, Docket No. 1.) The Court set trial for August 17, 2009, a date that was 140 to 148 non-excludable days after the indictment.4 Id. Docket No. 52 at p. 4; EOF' Docket No. 146 at p. 5. The date was agreed upon’by both the government and Irizarry, but the Court did not find tolling. (Criminal No. 07-146, Docket Nos. 52 at p. 4 and 76 at p. 3.) Irizarry moved; for a second'time, to dismiss’pursuant to the STA. Id. at p. 12. The Court dismissed again without prejudice. Id. at pp. 5-7.

Irizarry was indicted a third time on January 27, 2010. (Criminal. No. 10-024, Docket' No. 1.) The Court set trial for May 11, 2010. Id. Docket No. 10. On March 8, 2010 the Supreme Court of the United States ruled in Bloate v. United States that pretrial motions were no longer automatically excludable, placing the May 11 trial beyond the 70-day STA requirement. Bloate v. United States, 559 U.S. 196, 213, 130 S.Ct. 1345, 176 L.Ed.2d 54 (2010). On May 12, 2010, Irizarry moved to dismiss pursuant to the STA, and the Court, concluding ninety non-excludable days had passed, granted the motion. (Criminal No. 10-024, Docket No. 31 at p. 5.) The Court found that (1) the government had plenty of time to react to the Bloate ruling; (2) it was the government’s duty to move a criminal case promptly to trial; and (3) it was the third time the United States had failed to follow the STA time frame. Id. Docket No. 31 at pp. 6-9. Nevertheless, the Court again dismissed without prejudice, for reasons similar to the first two dismissals.5 Id. Docket 31 at pp. 10-11.

Irizarry was indicted for the fourth and final time on June 17, 2011. (Docket No. 1.) Irizarry filed another motion to dismiss pursuant to the STA and Fifth and Sixth Amendments. (Docket No. 17.) The Court denied the motion in its entirety. United [329]*329States v. Irizarry-Colón, 820 F.Supp.2d at 314.

The case was subsequently appealed and the First Circuit Court of Appeals affirmed in' part, vacated in part, and remanded the case back to the- Court for further consideration. United States v. Irizarry-Colón, 848 F.3d 61 (1st Cir. 2017); The First Circuit Court of Appeals found that the timing of the Sixth Amendment claim began on the first indictment (July 28, 2005), making the delay per se prejudicial and requiring the Court to conduct a full Barker analysis. Id. at 70.

II. LEGAL STANDARD

The Sixth Amendment of the United States Constitution provides that.in all criminal prosecutions “the accused shall enjoy the right to a speedy and public trial [...] ” U.S. Const. amend VI. Courts consider four factors (the “Barker” test) when determining whether a defendant’s Sixth Amendment right to a speedy trial has been violated:. (1) the length of the delay; (2) the reasons for delay; (3) the defendant’s assertion of his or her speedy trial right; and (4) prejudice to the defendant caused by the delay. See Barker v. Wingo, 407 U.S. at 530, 92 S.Ct. 2182; United States v. Rivera-Fuentes, 979 F.Supp.2d 233, 238 (D.P.R, 2014) (Besosa, J.). None of the factors is a “necessary or sufficient condition to the finding of a depravation of the right to a speedy trial. Rather, they are related factors and must be considered together with such other circumstances as may be relevant.” Barker, 407 U.S. at 533, 92 S.Ct. 2182.

III. DISCUSSION

Irizarry argues that the case against him should be dismissed with prejudice pursuant to a violation of his Sixth Amendment right to 'a speedy trial. (Docket No. 145.) The United States opposes. (Docket No. 146.) The Court will proceed to analyze Irizarry’s claim pursuant to the Barker test.

A. Time of Delay

Irizarry notes that, his case has been delayed six years. His.situation .entails four separate arrests and indictments, which constitute a “presumably prejudicial” delay meriting analysis of the three remaining Barker factors. (Docket No. 145 at p. 2.) The United States concedes that “there can be no argument that a presumptively prejudicial delay .has not occurred” but argues that the delay is .mitigated by the complexity of the case, (Docket No. 146 at p. 4.).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

United States v. Pereira
312 F. Supp. 3d 262 (U.S. District Court, 2018)

Cite This Page — Counsel Stack

Bluebook (online)
268 F. Supp. 3d 324, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-irizarry-colon-prd-2017.