United States v. Noone

735 F. Supp. 443, 1990 U.S. Dist. LEXIS 5189, 1990 WL 56126
CourtDistrict Court, D. Massachusetts
DecidedApril 27, 1990
DocketCrim. No. 88-0198-F
StatusPublished
Cited by1 cases

This text of 735 F. Supp. 443 (United States v. Noone) is published on Counsel Stack Legal Research, covering District Court, D. Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Noone, 735 F. Supp. 443, 1990 U.S. Dist. LEXIS 5189, 1990 WL 56126 (D. Mass. 1990).

Opinion

MEMORANDUM AND ORDER

FREEDMAN, Chief Judge.

I. INTRODUCTION

Before the Court are a variety of motions filed by both the United States government and the various defendants. By and large, little formal discussion is required with respect to any of these pleadings, but for the sake of completeness, they will be disposed of individually.

II. DISCUSSION

A. Demand For a Speedy Trial

The defendants Joseph Noone and Marion Noone request that this Court dismiss the charges against them on the basis of the government’s failure to provide them with a speedy trial, in violation of the United States Constitution and the laws promulgated thereunder. See U.S. Const, amend. VI; 18 U.S.C. §§ 3161 et seq. The government opposes the defendants’ motion. For the reasons set forth below, the Court will deny the defendants’ motion.

1. This Case Contains Novel Questions of Law and Fact

The government suggests to this Court that one ground for denying the defendants’ motion is that this case presents novel questions of law or fact within the meaning of 18 U.S.C. § 3161 (h)(8)(B)(ii), thus making it an “unusual” case and one not subject to the time restrictions of the Speedy Trial Act. After considerable deliberation, the Court concludes that this is one of the rare instances in which such a declaration is merited. As the Court noted in an earlier order pertaining to co-defendant Peter Noone, the defendants’ resistance to the appointment of counsel, their persistent efforts to have a non-attorney represent them, and the sheer volume of their submissions to this Court have all contributed to whatever delay about which the defendants might complain. See United States v. Dalpe, Crim. No. 88-00012-F, slip op. at 8-9 (D.Mass. June 1, 1989); compare United States v. [445]*445Beech-Nut Nutrition Corp., 871 F.2d 1181, 1197-98 (2d Cir.1989).

The Court wishes to make it expressly clear that it considers a speedy trial to be one of the fundamental rights secured to each citizen by the Constitution. However, in circumstances in which the defendants themselves have shown rank indifference to the speed with which these proceedings are resolved, the Court concludes that the government should not be held responsible for any de minimis violations (if any) of the strict time limit imposed by the Speedy Trial Act.

2. The Speedy Trial Act Was Not in Fact Violated

Even if the strictures of the Speedy Trial Act are applied, however, the Court is confident that the defendants have been brought to trial within the statutory period. As the government correctly notes, the. multiple filings, objections and notices make it virtually impossible for the Court to accurately determine the precise demarcations of excludable and non-excludable time. To the best of its ability, the Court has reviewed the pleadings submitted by the parties and the respective docket sheets for each of the defendants. Based upon that evaluation, the Court concludes that the government has submitted the correct tally, within an acceptable margin of error of two to three days. See Government’s Opposition to Joseph and Marion Noone’s Motion to Dismiss for Speedy Trial at 6-7. The Court also agrees that for the purposes of this calculation, the relevant time period did not begin until March 7, 1989, the day after which Peter Noone was arraigned. Id. at 5; Dalpe, slip op. at 3-8.

The defendants’ motion to dismiss for lack of speedy trial is denied.

B. Motion to Dismiss

Defendant Peter Noone moves to dismiss the indictment against him on two separate grounds: (1) that the statute under which he is charged, 18 U.S.C. § 1074, applies only to flight from state, and not federal, prosecutions;1 and (2) that the government failed to obtain written approval by the Attorney General required for prosecution under 18 U.S.C. § 1074. The government opposes both motions, for reasons which will be discussed below.

1. Application of 18 U.S.C. § 1074 Is Not Limited to State Prosecutions

As the parties hotly dispute the meaning of the specific language of statute under which Peter Noone is being prosecuted, the Court finds it helpful to quote the relevant text:

(a) Whoever moves or travels in interstate or foreign commerce with intent either (1) to avoid prosecution, or custody, or confinement after conviction, under the laws of the place from which he flees, for willfully attempting to or damaging or destroying by fire or explosive any ... vehicle, ... or (2) to avoid giving testimony in any criminal proceeding relating to any such offense shall be fined not more than $5,000 or imprisoned not more than five years, or both.

18 U.S.C.A. § 1074 (Supp.1989). Specifically, Peter Noone argues that Congress’ use of the language “under the laws of the place from which he flees” was meant to limit application of section 1074 to persons who attempt to flee state and not federal proceedings. The government argues that “laws of the place” includes federal law as well.

The Court’s efforts to resolve this dilemma are hampered by a true dearth of relevant precedent. Peter Noone relies heavily on the legislative history of section 1074, arguing that it is clear from Congress’ comments that they intended section 1074 to apply only to state or local prosecutions. See H.R.Rep. No. 956, 86th Cong., 1st Sess., reprinted in 1960 US. Code Cong. & Ad.News, 1939, 1942-43. And admittedly, the text is liberally sprinkled with references to how the passage of section 1074 will help state and local officials, often ham[446]*446pered by inadequate resources, to track down perpetrators of bombings. Id. at 1943.

However, after thoroughly reviewing the arguments put forth by the defendant, the Court concludes that dismissal is not warranted. First, the Court notes that when section 1074 was passed as part of the 1960 Civil Rights Act, there was no federal bombing statute on the books. The substantive statute under which the defendant Peter Noone was convicted, 18 U.S.C. § 844, was not passed by Congress until October 15,1970, a full decade later. Since there was no federal bombing statute in 1960, it is not surprising that the House Report does not discuss the application of section 1074 to section 844.

The question then presents itself as to whether or not Congress intended to prevent application of section 1074 to the clearly unforeseen federal bombing statute. Having reviewed the language of both the statute and the legislative history, the Court can find nothing which indicates that Congress would not want section 1074 to be applied to federal proceedings under section 844.

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

Related

United States v. Peter Noone
938 F.2d 334 (First Circuit, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
735 F. Supp. 443, 1990 U.S. Dist. LEXIS 5189, 1990 WL 56126, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-noone-mad-1990.