United States v. Ferreira, No. 09-5903 (6th Cir. 2011)
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When defendant was indicted in Tennessee in 2005 for conspiracy to distribute 500 grams or more of methamphetamine (21 U.S.C. 846, 841(b)(1)(A)) he was in custody in Georgia on unrelated charges. The government obtained writs of habeas corpus ad prosequendum, but because of superseding indictments, defendant's transfer to another county, and misplaced paperwork, defendant did not appear in Tennessee until August 2008. The district court rejected Sixth Amendment and Speedy Trial Act claims, but dismissed without prejudice under the Interstate Agreement on Detainers Act and FRCP 48(b). Defendant pled guilty to a new indictment and was sentenced to 110 months in prison. The Sixth Circuit reversed and remanded for dismissal. The district court erred by finding that defendant's Sixth Amendment right to a speedy trial was not violated; there was no basis for concluding that the government was less than grossly negligent and the court should have presumed prejudice, based on the length of the delay.
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