Defendant appealed from his conviction for illegal reentry into the United States, arguing that his conviction should be overturned because the government violated the Speedy Trial Act by filing the criminal information more than 30 days after he was apprehended on immigration charges. The Seventh Circuit noted that while the Act does not apply to cases involving civil custody, some courts have created a “ruse exception” to prevent immigration officials from holding an individual while prosecutors develop a criminal case in order to circumvent the deadlines contained in the Act. The Seventh Circuit declined to adopt the “ruse exception,” explaining that defendant’s case fell short of presenting circumstances that would give rise to its application and affirmed the judgment of the district court. (RIPPLE and MALDONADO, concurring)
Federal 7th Circuit Court
Criminal Court
Speedy Trial Act