USA v. Raymundo Anderson-Ruiz, No. 12-10549 (11th Cir. 2013)

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Case: 12-10549 Date Filed: 04/01/2013 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 12-10549 Non-Argument Calendar ________________________ D.C. Docket No. 8:05-cr-00480-JDW-TBM-1 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus RAYMUNDO ANDERSON-RUIZ, Defendant-Appellant. ___________________________ Appeal from the United States District Court for the Middle District of Florida ____________________________ (April 1, 2013) Before MARTIN, JORDAN, and FAY, Circuit Judges. PER CURIAM: Raymundo Anderson-Ruiz, who was convicted of violating 8 U.S.C. § 1326(a), appeals from the district court s denial of his motion to dismiss the Case: 12-10549 Date Filed: 04/01/2013 Page: 2 of 2 indictment on speedy trial grounds. For the reasons which follow, we affirm. The sole argument made by Mr. Anderson-Ruiz is that the district court erred in not sua sponte holding an evidentiary hearing on his speedy trial claim. We find no abuse of discretion, much less plain error. The district court, in denying Mr. Anderson-Ruiz s motion, assumed that his factual allegations were true. See Docket Entry 13 at 2-3. Because Mr. Anderson-Ruiz does not challenge the district court s decision on the merits, an evidentiary hearing would not have helped Mr. Anderson-Ruiz in any material way. As we have said before, a district court need not hold an evidentiary hearing where the movant s allegations, even if true, do not warrant the relief requested. See, e.g., Chavez v. Sec y Fla. Dep t of Corr., 647 F.3d 1057, 1072-73 (11th Cir. 2011); United States v. Massey, 89 F.3d 1433, 1443 (11th Cir. 1996). AFFIRMED. 2

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