Eliana Sarmiento v. United States
Environmental SocialSecurity Securities Immigration
1. Whether a district court's denial of a motion to dismiss an indictment for a violation of the Speedy Trial Act's 70 day time limit for bringing a defendant to trial is subject to harmless-error analysis, despite the statute's mandatory language stating that, in the event of a violation, "the indictment shall be dismissed."
2. Even assuming a district court's denial of a motion to dismiss an indictment for a Speedy Trial Act violation is subject to harmless-error analysis, whether a harmless error finding can be based on the district court's hypothetical determination that if it had granted the motion to dismiss, it would have dismissed the indictment without prejudice.
Whether a district court's denial of a motion to dismiss an indictment for a violation of the Speedy Trial Act's 70 day time limit for bringing a defendant to trial is subject to harmless-error analysis