United States District Court, D. New Mexico
Attorney for Plaintiff: Presiliano A Torrez
Attorney for Defendant: Todd A. Coberly
MEMORANDUM OPINION AND ORDER
VÁZQUEZ UNITED STATES EZ STRICT JUDGE.
MATTER is before the Court on Defendant's Motion to
Dismiss Count 1 of the Indictment with Prejudice for
Violation of the Speedy Trial Act [Doc. 87], filed July 3,
2019. For the reasons stated below, Defendant's motion is
GRANTED in part. Count 1 is dismissed
March 23, 2016, an indictment was returned against Defendant
with three counts. Doc. 5. Count 1 charged Defendant with
Felon in Possession of a Firearm and Ammunition, in violation
of 18 U.S.C. §§ 922(g)(1) and 924(a)(2).
Court granted Defendant's motion to sever Count 1 [Doc.
36] on August 15, 2018. Doc. 47. In its Order, the Court
stated: “By separate Order, the Court will set a date
for Defendant Trammer to be tried on Count 1 of the
indictment.” Id. The Court, however, did not
3, 2019, Defendant filed the subject motion requesting the
Court “dismiss Count 1 of the indictment with prejudice
on the ground that [Defendant's] rights under the Speedy
Trial Act (“STA”), 18 U.S.C. § 3161 et
seq., have been violated.” Doc. 87 at 1.
Speedy Trial Act is designed to protect a criminal
defendant's constitutional right to a speedy trial and
serve the public interest in bringing prompt criminal
proceedings.” United States v. Toombs, 574
F.3d 1262, 1268 (10th Cir. 2009) (quoting United States
v. Thompson, 524 F.3d 1126, 1131 (10th Cir. 2008)). It
requires that a defendant's trial start “within
seventy days” from the filing of the indictment or the
defendant's initial appearance, whichever occurs last. 18
U.S.C. § 3161(c)(1). Excluded from the seventy-day
requirement is “[a]ny period of delay resulting from a
continuance granted by any judge . . . on the basis of his
findings that the ends of justice served by taking such
action outweigh the best interest of the public and the
defendant in a speedy trial.” Id. §
defendant is not brought to trial within seventy days, as
extended by the excluded time, the “indictment shall be
dismissed on motion of the defendant.” Id.
§ 3162(a)(2). “In determining whether to dismiss
the case with or without prejudice, the court shall consider,
among others, each of 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 reprosecution on
the administration of [the Speedy Trial Act] and on the
administration of justice.” Id.
The Speedy Trial Act Mandates Dismissal of Count 1
was indicted on March 23, 2016. Doc. 5. Defendant's
initial appearance was on September 29, 2017. Doc. 18.
Defendant's initial appearance occurred after the
indictment; therefore, in accordance with 18 U.S.C. §
3161(c)(1), his initial appearance ...