United States v. Huete-Sandoval, No. 10-1413 (1st Cir. 2011)Annotate this Case
In May 2009, defendant was charged with making false statements in a passport application, falsely representing that he was a U.S. citizen, and aggravated identity theft, 18 U.S.C. 1542, 911, 1028A. In August he filed a motion to dismiss based on violation of his right to a speedy trial, 18 U.S.C. 3161(c)(1). The court denied the motion, finding that 15 days granted for discovery and preparation of pretrial motions were excludable and that his trial would begin within the prescribed 70 day period. Defendant was convicted and sentenced to 29 months in prison. The First Circuit reversed. The exclusion of 10 days for pretrial motions and discovery was error, given the absence of any recorded ends-of-justice finding. The exclusion of 16 days between a pretrial conference and the motion to dismiss was improper; defendant only vaguely suggested that he might seek a continuance and did not "lull" the court and prosecution into believing he was waiving his rights.