United States v. Saucedo, No. 19-1693 (8th Cir. 2020)
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The Eighth Circuit affirmed defendant's conviction for illegal reentry into the United States. The court rejected defendant's challenge to the indictment on Speedy Trial Act grounds, holding that the indictment was returned within the 30-day statutory period and thus there was no violation of the Act. Furthermore, even assuming without deciding, that there is a "ruse exception," to the Act, the court held that it would not apply in this case because the facts show that no ruse occurred. In this case, immigration authorities undeniably had a lawful basis for their civil detention of defendant, and defendant failed to show that his detention by ICE was for the primary or exclusive purpose of furthering his ultimate prosecution.
The court also held that the district court did not abuse its discretion in declining to hold an evidentiary hearing on the motion; defendant failed to exhaust his administrative remedies and is therefore barred from collaterally attacking the underlying removal order; and the district court's finding that defendant's waiver was knowing, voluntary, and intelligent is not clearly erroneous.
Court Description: [Shepherd, Author, with Colloton and Erickson, Circuit Judges] Criminal case - Criminal law. Speedy Trial Act claim rejected; even assuming there is a "ruse" exception to the Act, it would not apply in this case as the facts showed no ruse occurred; no error in ruling on the motion without an evidentiary hearing; in this prosecution for illegal reentry, petitioner failed to exhaust his administrative remedies and is barred from collaterally attacking the underlying removal order in the case; argument that defendant was excused from his failure to exhaust rejected.
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