MEMORANDUM OF DECISION AND ORDER DISMISSING WITHOUT PREJUDICE THE INDICTMENT UNDER THE SPEEDY TRIAL ACT
GENE CARTER, Chief Judge.
Defendant has moved for a dismissal of the indictment under the Speedy Trial Act for failure to obtain an indictment within the thirty days following his arrest as required by the Act. 18 U.S.C. § 3161(b). The Government opposes this motion, arguing that the Speedy Trial Act was not violated. The Government further contends that even if the Speedy Trial Act was violated, the indictment should be dismissed without prejudice. Because the Court finds that the Speedy Trial Act was violated, the motion to dismiss the indictment will be granted. The Court will dismiss the indictment without prejudice based on the considerations required by seetion 3162(a)(1) of the Act.
BACKGROUND
Defendant was arrested on December 10, 1993, and a complaint charging him with possession with intent to distribute cocaine was filed on December 12, 1993. Defendant made his initial Court appearance on December 13, 1993, and was released on bond on the same day.
On December 27,1993, after court appointed defense counsel, Marshall H. Waldron, Jr., consulted with Defendant, Waldron notified the Assistant United States Attorney that his client wished to plead guilty to a violation of section 841(a)(1) of title 21 and was willing to waive his right to indictment. Affidavit of Marshall H. Waldron, Jr. (Docket No. 22), ¶ 4. During the conversation on December 27, 1993, it was agreed that defense counsel would contact the Court to schedule a hearing for Defendant to enter his plea. Id. The hearing was thereafter scheduled for January 11, 1994, at 4:00 p.m., outside of the thirty-day limit imposed by the Act. There is no indication that the Government notified the Court that the hearing should have been scheduled on or before January 10, 1993, to secure compliance with the Speedy Trial Act.
On December 30,1993, the prosecutor sent a letter to defense counsel together with a Speedy Trial Waiver. The letter indicated that Waldron and Defendant were to sign the waiver and return it because the hearing would not be scheduled before the next grand jury meeting. Affidavit of Jonathan A. Toof in Support of Motion for an Extension of Time to Respond to Motion to Dismiss for Speedy Trial Violation (Docket No. 16), Exhibit 3. The waiver was never signed or returned to the Government.
On January 5, 1994, the prosecutor again spoke to Waldron who affirmed the previous agreement. Id., ¶ 5. At that time the prosecutor “told Mr. Waldron that unless [he] received the waiver before the next scheduled meeting of the grand jury on January 19, 1994, [he] would present an indictment for the grand jury’s consideration at that time.” Id.
[492]*492On January 11, 1994, defense counsel met with Defendant and his father before the hearing and was advised that Defendant no longer wished to plead guilty. Defense counsel contacted the prosecutor who agreed to a continuance so Defendant could “consider his options.” Affidavit of Waldron, ¶ 8. On the consent of the parties, the deputy clerk rescheduled the hearing for January 25, 1994.1
The Government presented at the next meeting of the grand jury on January 19, 1994, and an indictment was returned on January 20, 1994. Defendant was arraigned on this indictment on January 25, 1994, at which time he entered a plea of not guilty.
DISCUSSION
Despite the Government’s arguments to the contrary, there is no doubt that the Speedy Trial Act was violated in this case by the forty-day delay between Defendant’s arrest and the issuance of an indictment. The Government argues that the time during which defense counsel had indicated Defendant’s willingness to waive his right to indictment within thirty days was excludable under section 3161(h). Response by Government to Defendant’s Motion to Dismiss Under the Speedy Trial Act (Docket No. 22) at 2-3.2 This period, according to the Government, extends from December 31, 1994, to January 11, 1994, when the Government was advised that Defendant was unsure whether he wished to plead guilty.3
Section 3161(h) provides a lengthy and detailed list of the periods which, for purposes of the Speedy Trial Act, are excludable in calculating the time elapsed before indictment or trial. Although its exclusions are not absolutely exhaustive, they are not amenable to liberal interpretations. The Act protects not only the right of a Defendant to a speedy trial, but the interest of the public in speedy justice. Therefore, a defendant alone cannot waive the Act’s requirements. United States v. Pringle, 751 F.2d 419, 433-34 (1st Cir.1984).4 Even the Court, in grant[493]*493ing an enlargement of the periods provided by the Act, must make specific findings on the record before granting an enlargement. Id. at 432. 18 U.S.C. 3161(h)(8). The Act makes no provision for nunc pro tunc extension of time, as is sought in this case.
Moreover, even if waiver were permissible, there is no doubt, on this record, that adequate waiver of this statutory right was never obtained from this Defendant. It was unreasonable,. in light of the Government’s nonreceipt of the waiver of speedy trial rights, for the Government to sit on its hands until the January 19, 1994, grand jury presentment. The Government should have moved for dismissal of the complaint without prejudice within the thirty day period or sought an extension of time from the Court in the interests of justice under section 3161(h)(8).5 It is not for the prosecutor to decide unilaterally that the mandates of the Speedy Trial Act may be set aside.
Having found a violation of section 3161(b), the Court must dismiss the indictment pursuant to section 3162(a)(1), which provides that dismissal shall follow when no indictment or information is timely filed. The section further provides that it is within the Court’s discretion to determine whether such dismissal should be with or without prejudice based upon the following factors: “the seriousness of the offense; the facts and circumstances of the case which led to the dismissal; and the impact of a reproseeution on the administration of this chapter and on the administration of justice.” 18 U.S.C. § 3162(a)(1).
Under the circumstances of this case, the Court concludes that dismissal shall be without prejudice. The Court considers the charges in this case, conspiracy to distribute cocaine, and possession with intent to distribute 250 grams of cocaine, very serious. United States v. Veillette, 654 F.Supp. 1260, 1263-64 (D.Me.1987) (conspiracy to distribute 280 grams of cocaine was very serious). Although the Court does not approve of the Government’s reliance on Defendant’s agreement to waive speedy indictment, the Court does not believe that the facts and circumstances leading to the violation of the Speedy Trial Act evince either bad faith or
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MEMORANDUM OF DECISION AND ORDER DISMISSING WITHOUT PREJUDICE THE INDICTMENT UNDER THE SPEEDY TRIAL ACT
GENE CARTER, Chief Judge.
Defendant has moved for a dismissal of the indictment under the Speedy Trial Act for failure to obtain an indictment within the thirty days following his arrest as required by the Act. 18 U.S.C. § 3161(b). The Government opposes this motion, arguing that the Speedy Trial Act was not violated. The Government further contends that even if the Speedy Trial Act was violated, the indictment should be dismissed without prejudice. Because the Court finds that the Speedy Trial Act was violated, the motion to dismiss the indictment will be granted. The Court will dismiss the indictment without prejudice based on the considerations required by seetion 3162(a)(1) of the Act.
BACKGROUND
Defendant was arrested on December 10, 1993, and a complaint charging him with possession with intent to distribute cocaine was filed on December 12, 1993. Defendant made his initial Court appearance on December 13, 1993, and was released on bond on the same day.
On December 27,1993, after court appointed defense counsel, Marshall H. Waldron, Jr., consulted with Defendant, Waldron notified the Assistant United States Attorney that his client wished to plead guilty to a violation of section 841(a)(1) of title 21 and was willing to waive his right to indictment. Affidavit of Marshall H. Waldron, Jr. (Docket No. 22), ¶ 4. During the conversation on December 27, 1993, it was agreed that defense counsel would contact the Court to schedule a hearing for Defendant to enter his plea. Id. The hearing was thereafter scheduled for January 11, 1994, at 4:00 p.m., outside of the thirty-day limit imposed by the Act. There is no indication that the Government notified the Court that the hearing should have been scheduled on or before January 10, 1993, to secure compliance with the Speedy Trial Act.
On December 30,1993, the prosecutor sent a letter to defense counsel together with a Speedy Trial Waiver. The letter indicated that Waldron and Defendant were to sign the waiver and return it because the hearing would not be scheduled before the next grand jury meeting. Affidavit of Jonathan A. Toof in Support of Motion for an Extension of Time to Respond to Motion to Dismiss for Speedy Trial Violation (Docket No. 16), Exhibit 3. The waiver was never signed or returned to the Government.
On January 5, 1994, the prosecutor again spoke to Waldron who affirmed the previous agreement. Id., ¶ 5. At that time the prosecutor “told Mr. Waldron that unless [he] received the waiver before the next scheduled meeting of the grand jury on January 19, 1994, [he] would present an indictment for the grand jury’s consideration at that time.” Id.
[492]*492On January 11, 1994, defense counsel met with Defendant and his father before the hearing and was advised that Defendant no longer wished to plead guilty. Defense counsel contacted the prosecutor who agreed to a continuance so Defendant could “consider his options.” Affidavit of Waldron, ¶ 8. On the consent of the parties, the deputy clerk rescheduled the hearing for January 25, 1994.1
The Government presented at the next meeting of the grand jury on January 19, 1994, and an indictment was returned on January 20, 1994. Defendant was arraigned on this indictment on January 25, 1994, at which time he entered a plea of not guilty.
DISCUSSION
Despite the Government’s arguments to the contrary, there is no doubt that the Speedy Trial Act was violated in this case by the forty-day delay between Defendant’s arrest and the issuance of an indictment. The Government argues that the time during which defense counsel had indicated Defendant’s willingness to waive his right to indictment within thirty days was excludable under section 3161(h). Response by Government to Defendant’s Motion to Dismiss Under the Speedy Trial Act (Docket No. 22) at 2-3.2 This period, according to the Government, extends from December 31, 1994, to January 11, 1994, when the Government was advised that Defendant was unsure whether he wished to plead guilty.3
Section 3161(h) provides a lengthy and detailed list of the periods which, for purposes of the Speedy Trial Act, are excludable in calculating the time elapsed before indictment or trial. Although its exclusions are not absolutely exhaustive, they are not amenable to liberal interpretations. The Act protects not only the right of a Defendant to a speedy trial, but the interest of the public in speedy justice. Therefore, a defendant alone cannot waive the Act’s requirements. United States v. Pringle, 751 F.2d 419, 433-34 (1st Cir.1984).4 Even the Court, in grant[493]*493ing an enlargement of the periods provided by the Act, must make specific findings on the record before granting an enlargement. Id. at 432. 18 U.S.C. 3161(h)(8). The Act makes no provision for nunc pro tunc extension of time, as is sought in this case.
Moreover, even if waiver were permissible, there is no doubt, on this record, that adequate waiver of this statutory right was never obtained from this Defendant. It was unreasonable,. in light of the Government’s nonreceipt of the waiver of speedy trial rights, for the Government to sit on its hands until the January 19, 1994, grand jury presentment. The Government should have moved for dismissal of the complaint without prejudice within the thirty day period or sought an extension of time from the Court in the interests of justice under section 3161(h)(8).5 It is not for the prosecutor to decide unilaterally that the mandates of the Speedy Trial Act may be set aside.
Having found a violation of section 3161(b), the Court must dismiss the indictment pursuant to section 3162(a)(1), which provides that dismissal shall follow when no indictment or information is timely filed. The section further provides that it is within the Court’s discretion to determine whether such dismissal should be with or without prejudice based upon the following factors: “the seriousness of the offense; the facts and circumstances of the case which led to the dismissal; and the impact of a reproseeution on the administration of this chapter and on the administration of justice.” 18 U.S.C. § 3162(a)(1).
Under the circumstances of this case, the Court concludes that dismissal shall be without prejudice. The Court considers the charges in this case, conspiracy to distribute cocaine, and possession with intent to distribute 250 grams of cocaine, very serious. United States v. Veillette, 654 F.Supp. 1260, 1263-64 (D.Me.1987) (conspiracy to distribute 280 grams of cocaine was very serious). Although the Court does not approve of the Government’s reliance on Defendant’s agreement to waive speedy indictment, the Court does not believe that the facts and circumstances leading to the violation of the Speedy Trial Act evince either bad faith or a pattern of neglect on the part of the Government.
Finally, the Court must consider the impact of its decision on the administration of the Speedy Trial Act as well as on the overall administration of justice. The Court is concerned that dismissal without prejudice in this case does not teach the wrong lesson. The lesson is that waivers of Speedy Trial rights are capable of consummation only with the approval of the Court, and only under the limited circumstances consistent with the Act. The Court will not be inclined to treat future sub rosa violations of the Act with such leniency. The public’s right to speedy justice cannot be compromised by an agreement between the Government and a defendant which does not bear the imprimatur of the Court. The prosecutor must be vigilant to see that the time limit requirements of the act are strictly complied with and must sometimes be rigorous with defense counsel to the end that he not be tricked into a temporal cul-de-sac.
Accordingly, it is ORDERED that Defendant’s Motion to Dismiss the Indictment under the Speedy Trial Act be, and it is hereby, GRANTED, and it is further ORDERED [494]*494that the indictment be, and it is hereby, DISMISSED without prejudice.