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United States v. Archuleta

United States District Court, D. New Mexico

June 16, 2017

UNITED STATE OF AMERICA, Plaintiff,
v.
ISIDOR BENJAMIN ARCHULETA Defendant.

          Daniel J Tallon Attorney at Law Attorney for Defendant

          Paul Mysliwiec United States Attorney's Office Attorney for Plaintiff

          MEMORANDUM OPINION AND ORDER

          MARTHA VÁZQUEZ UNITED STATES DISTRICT JUDGE

         THIS MATTER comes before the Court on Defendant's Motion to Dismiss Indictment with Prejudice for Violations of Sixth Amendment Speedy Trial Right; the Interstate Agreement on Detainers; and the Speedy Trial Act. [Doc. 19]. The government timely filed a Response, [Doc. 20], and Defendant filed a Reply. [Doc 23]. The Court, having considered the Motion, briefs, relevant law, and being otherwise fully informed, finds that the motion is well-taken and will be granted.

         BACKGROUND

         On October 31, 2013, Isidor Benjamin Archuleta (“Defendant”) was arrested in Farmington, New Mexico and charged with Trafficking a Controlled Substance, Possession of a Firearm by a Felon, Tampering with Evidence, and various motor vehicle offenses (“New Mexico charges”). [Doc. 19 at 1]. On November 20, 2013, a criminal information charging these offenses was filed. [Doc. 19 at 1]. Defendant was in custody from October 31, 2013 until November 26, 2013, when he posted a $30, 000 bond and was released. [Doc. 19 at 2].

         On January 16, 2014, Defendant was arrested in Phoenix, Arizona and charged with Offering a Forged Instrument (“Arizona charges”). Defendant was incarcerated on these charges for 24 months.

         On May 7, 2014, the United States filed an Indictment [Doc. 1] charging Defendant with being a Felon in Possession of a Firearm (“federal charges”).

         On June 24, 2014, Defendant was temporarily transferred to the San Juan County Adult Detention Center in New Mexico, and a detainer was issued by the Arizona Department of Corrections. [Doc. 23-1 at 2 and 4]. On July 11, 2014, the State of New Mexico filed a nolle prosequi and, on July 31, 2014 [Doc. 23-1 at 12], Defendant was returned to the custody of the Arizona Department of Corrections. [Doc. 23-1 at 3].

         Defendant was granted parole in Arizona in January 2016 and, through an interstate compact, parole supervision was assumed by the State of New Mexico. [Doc. 19 at 3]. On June 14, 2016, Defendant was arrested on the federal charges, and he was arraigned on June 17, 2016. [Doc. 9].

         DISCUSSION

         Defendant argues that dismissal is warranted because the government violated the Interstate Agreement on Detainers, the Speedy Trial Act, and the Sixth Amendment. The government denies these allegations. Because the Court finds a violation of Defendant's Sixth Amendment right to a speedy trial, it need not address Defendant's remaining arguments.

         I. Sixth Amendment Speedy Trial

         The Sixth Amendment guarantees that “[i]n all criminal prosecutions, the accused shall enjoy the right to a speedy . . . trial.” U.S. Const. amend. VI. The remedy for a speedy trial violation is dismissal of the case. United States v. Margheim, 770 F.3d 1312, 1325 (10th Cir. 2014). In Barker v. Wingo, 407 U.S. 514 (1972), the Supreme Court identified four factors that courts must assess in determining whether the right to a speedy trial has been violated. These factors are (1) the length of delay, (2) the reason for the delay, (3) the defendant's assertion of his right, and (4) prejudice to the defendant. Id. at 530. “No one factor is necessary or sufficient to conclude a violation has ...


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