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Sixth Amendment Speedy Trial Right not Triggered by Inmate?s Placement in Administrative Segregation for Investigation of New Crime

By Candace Hom, Melinda Ghilardi, Nancy Rimmer, Sarah Gannett, Renee Pietropaolo and Tieffa Harper

In United States v. James Bailey-Snyder, No. 18-1601 (3d Cir., May 3, 2019), Defendant, an inmate at FCI Schuylkill, was under investigation for weapon possession at the prison. During a search, prison guards discovered a seven-inch shank on Defendant?s person. While the FBI investigated the matter, prison officials placed Defendant in the Special Housing Unit (?SHU?).  Defendant was indicted ten months later for one count of possession of a prohibited object in prison. After several requests for filing extensions, Defendant filed a motion to dismiss the indictment based on violation of his constitutional and statutory speedy trial rights. Specifically, Defendant argued that the ten-month period between his placement in the SHU and the filing of the indictment was an unreasonable pre-indictment delay...continue to full post

Full post as published by Third Circuit Blog on May 20, 2019 (boomark / email).