United States v. Ramirez, No. 14-2145 (7th Cir. 2015)
Annotate this CaseArrested on August 31, 2012, Ramirez was indicted for cocaine offenses on October 4. At his October 15 arraignment, he pled not guilty. The court set a trial date. That date was continued twice at Ramirez’s request. At an April 5, 2013 status conference, Ramirez indicated that he wanted a trial date and would move to sever from his codefendants. The court rescheduled trial for June 3, 2013. Ramirez filed his motion on April 10. On May 3, the court denied the motion, and vacated the June 3 trial date, making an ends of justice finding. Before and during the June 17 status hearing, six co-defendants pleaded guilty. Ramirez requested that the court set a trial date, indicating that he would file another severance motion. The court set a hearing for August 9, again making an ends of justice finding. The court severed fugitive co-defendants, but otherwise denied the motion. Ramirez indicated that he preferred an October trial date. The court ruled out October, citing its crowded calendar, and set trial for February 3, 2014, making an ends of justice finding. During a November 19 status hearing, remaining defendants entered pleas. Ramirez again requested an earlier trial. On December 11, Ramirez moved to dismiss, arguing that the court continued the case due to its congested calendar in violation of the Speedy Trial Act, 18 U.S.C. 3161, causing a delay in excess of the STA’s 70-day limitation. The Seventh Circuit reversed denial of the motion. The six-month delay from August 9, 2013, to February 3, 2014, cannot be excluded.
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