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US v. Alvarez-Perez, No. 09-50334

By FindLaw Staff on December 22, 2010 10:02 PM

Conviction Vacated Based on Speedy Trial Act

In US v. Alvarez-Perez, No. 09-50334, the court vacated defendant's conviction of being a deported alien found in the United States in violation of 8 U.S.C. section 1326, where the Speedy Trial Act clock ran for 72 days before defendant's trial on January 20, 2009, and therefore the indictment was required to be dismissed.

 

As the court wrote:  "Francisco Alvarez-Perez ("Alvarez") appeals his conviction of being a deported alien found in the United States in violation of 8 U.S.C. § 1326. Alvarez contends that his prosecution violated the Speedy Trial Act ("STA") because the permitted 70-day period was exceeded."

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