United States v. Kelly, No. 09-2607 (1st Cir. 2011)
Annotate this CaseIn May 2006, defendant was charged in the U.S. District Court for the District of Maine, with identity theft and aggravated identity theft (18 U.S.C. 1028(a)(7) and 1028A(a)(1)). A warrant issued, but was not executed, as defendant was in federal custody in New York on charges that he had knowingly and unlawfully escaped from a halfway house. The Maine prosecutor obtained a writ of habeas corpus ad prosequendum and defendant was transported to Maine in October 2006, where he remained in custody until February 2007. He was returned to New York, where he was tried and sentenced. Returned to Maine in 2008, defendant moved to dismiss the indictment for violation of the Speedy Trial Act's 30-day, 18 U.S.C. 3161(c)(1), arrest to indictment clock. The district court denied the motion. The First Circuit affirmed. There was no injustice; defendant chose to prolong detention in Maine under the writ in order to attempt to negotiate plea agreements favorable to him in both Maine and New York. The prosecution and defense had filed, in the Maine action, joint motions to exclude time under the STA, because of defendant's desire to negotiate agreements.
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