United States v. Munoz Amado

Procedural entryThis page is a short order in United States v. Munoz Amado. Read the opinion of the Court — 182 F.3d 57
Court of Appeals for the First Circuit·Decided June 30, 1999·No. 98-1119·Published

Opinion

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<pre>                  United States Court of Appeals <br>                      For the First Circuit <br>                       ____________________ <br> <br>No. 98-1119 <br> <br>                          UNITED STATES, <br> <br>                            Appellee, <br> <br>                                v. <br> <br>                    CARLOS ANGEL MUOZ-AMADO, <br>                     A/K/A CHRISTOPHER MUOZ, <br> <br>                      Defendant, Appellant. <br> <br>                       ____________________ <br> <br>           APPEAL FROM THE UNITED STATES DISTRICT COURT <br> <br>                 FOR THE DISTRICT OF PUERTO RICO <br> <br>          [Hon. Jos Antonio Fust, U.S. District Judge] <br> <br>                       ____________________ <br> <br>                              Before <br> <br>                     Torruella, Chief Judge, <br> <br>                 Stahl and Lynch, Circuit Judges. <br> <br>                      _____________________ <br> <br>    Susana E. Fara, by appointment of the Court, on brief, for <br>appellant. <br>    Guillermo Gil, United States Attorney, Jorge E. Vega-Pacheco,  <br>Chief, Criminal Division, Jacabed Rodrguez-Coss, Assistant United <br>States Attorney, and Camille Vlez-Riv, Assistant United States <br>Attorney, on brief, for appellee. <br> <br> <br>                       ____________________ <br> <br>                          June 30, 1999 <br>                       ____________________

        TORRUELLA, Chief Judge.  Carlos Angel Muoz-Amado <br>("Muoz") appeals from his convictions for conspiracy: (1) to <br>possess with intent to distribute multi-kilogram quantities of <br>cocaine on board a vessel of the United States, in violation of 46 <br>U.S.C.  1903 (j) & (f); and (2) to import multi-kilogram <br>quantities of cocaine into the United States, in violation of 21 <br>U.S.C.  952(a) &  953.  Muoz argues that his speedy trial rights <br>under the Speedy Trial Act, 18 U.S.C.  3161, and the Sixth <br>Amendment were violated. <br>                            BACKGROUND <br>         We recount only the critical chain of events central to <br>this appeal.  On November 15, 1995, a Puerto Rico grand jury <br>returned a three count indictment against Muoz and Mario Saavedra <br>charging them with violations of various narcotics laws.  Muoz was <br>arrested in Miami, Florida on November 17, 1995.  Muoz first <br>appeared before the United States District Court for the Southern <br>District of Florida on November 17, 1995.  On November 20, 1995, a <br>detention hearing was held at which the court ordered Muoz held on <br>$500,000 bail.  A removal hearing was held on November 27, 1995.  <br>At the hearing, the court ordered the removal and transportation of <br>Muoz to the United States District Court for the District of <br>Puerto Rico.  On January 25, 1996, Muoz made his initial <br>appearance before the district court for the District of Puerto <br>Rico.  On February 5, 1996, Muoz was arraigned and pled not guilty <br>to all three counts of the indictment. <br>         Muoz filed a motion to dismiss for lack of a speedy <br>trial on June 26, 1996.  He filed a second motion to dismiss on the <br>same grounds on June 17, 1997.  Both motions were denied.  On <br>June 19, 1997, a jury trial commenced.  On July 1, 1997, Muoz was <br>convicted on all three counts.  The district court sentenced Muoz <br>to: (1) 324 months of imprisonment on each count, to be served <br>concurrently; (2) a supervised term of release of five years as to <br>each count, to be served concurrently; and (3) a fine of $10,000 as <br>to each count, and a special monetary assessment of $100 as to each <br>count. <br>                            DISCUSSION <br>I.  Speedy Trial Act Claim <br>         The Speedy Trial Act ("STA") is designed "to protect a <br>defendant's constitutional right to a speedy trial, and to serve <br>the public interest in bringing prompt criminal proceedings."  <br>United States v. Scantleberry-Frank, 158 F.3d 612, 614 (1st Cir. <br>1998) (quoting United States v. Santiago-Becerril, 130 F.3d 11, 15 <br>(1st Cir. 1997)).  The STA provides that the government must bring <br>a criminal defendant to trial no more than seventy days after the <br>later of the filing date of the information or indictment, or the <br>date on which the criminal defendant first appears before a <br>judicial officer of a court in which the charge is pending.  See 18 <br>U.S.C.  3161(c)(1).  In calculating the seventy days, the STA <br>excludes certain time periods.  See 18 U.S.C.  3161(h)(1)-(9);  <br>see also Scantleberry-Frank, 158 F.3d at 614.  If a criminal <br>indictment is not brought to trial within the time limit imposed by <br> 3161(c)(1), as extended by operation of  3161(h)(1)-(9), the <br>penalty provisions of the STA mandate that "the information or <br>indictment shall be dismissed on motion of the defendant." 18 <br>U.S.C.  3162(a)(2).  This Court reviews the disposition of an STA <br>issue for clear error as to factual findings and de novo as to <br>legal rulings.  See United States v. Rodrguez, 63 F.3d 1159, 1162 <br>(1st Cir. 1995). <br>         We begin at the beginning.  The preeminent question in <br>this case is: when did time begin to accrue for STA purposes? <br>Section 3161(c)(1) requires that a defendant be tried within <br>seventy days of the occurrence of one of two events:  the filing of <br>the indictment or the defendant's appearance "before a judicial <br>officer of the court in which such charge is pending, whichever <br>date last occurs."  18 U.S.C.  3161(c)(1).  Relying on 18 U.S.C.

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