U.S. v. Richardson

Dist. Ct. did not err in denying defendant’s motion to dismiss on speedy-trial grounds his indictment on unlawful possession of firearm charges, even though 16 months had elapsed between time federal complaint and detainer had been filed and date indictment had been issued. Filing of federal complaint charging defendant with instant felony and issuance of detainer did not trigger speedy-trial clock since (for felony charges) said clock is triggered only by filing formal charging document such as indictment or information. Moreover, instant delay was caused by defendant’s detention by state authorities, who had charged him with state crime and who had “first dibs” at prosecuting defendant, and defendant had otherwise failed to ask for federal trial during his state confinement.