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: Fourth Circuit Blog

Guilty Plea Waives Sixth Amendment Speedy Trial Challenge

By Jonathan Byrne

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US v. Lozano: Lozano illegally reentered the country in 2011 and was charged with state crimes. While in custody he was also charged federally with illegal reentry. However, he was deported when his state case was concluded, without ever learning of the federal charges. In 2018, after he returned to the US, he was arrested on the 2011 illegal reentry charge. He pleaded guilty and was sentenced to 51 months in prison.On appeal, the Fourth Circuit affirmed Lozano?s conviction and sentence. For the first time, Lozano argued that the delay between his charge and his guilty plea violated his Sixth Amendment right to a fair trial. The court rejected that argument on multiple grounds. First, it concluded that by pleading guilty, Lozano waived this issue...continue to full post

Full post as published by Fourth Circuit Blog on July 01, 2020 (boomark / email).