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Criminal Law

: Fourth Circuit Blog

Civil Arrest Does Not Start Speed Trial Clock

By Jonathan Byrne

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US v. Rodriguez-Amaya: Rodriguez-Amaya was deported in 1998 to El Salvador following a conviction in Virginia for sexual assault. He returned to the United States without permission and was arrested by ICE on May 17, 2005. On June 6, 2005, Rodriguez-Amaya's custody was transferred from ICE to Virginia, which sought to prosecute him for failure to register as a sex offender. While in Virginia custody, a federal criminal warrant charging Rodriguez-Amaya with illegal reentry was obtained on July 21, 2005. Rodriguez-Amaya was returned to ICE custody on October 7, 2005. It was not until October 27, 2005, that the outstanding criminal warrant was executed and Rodriguez-Amaya was transferred to the USMS. On November 23, 2005, Rodriguez-Amaya was indicted...continue to full post

Full post as published by Fourth Circuit Blog on April 14, 2008 (boomark / email).

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