No. 18-6806

Eliana Sarmiento v. United States

Lower Court: Second Circuit
Docketed: 2018-11-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review criminal-procedure criminal-procedure-speedy-trial-act dismissal harmless-error indictment-dismissal judicial-discretion prejudice speedy-trial-act statute-interpretation statutory-interpretation
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2019-01-04
Question Presented (from Petition)

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.

Question Presented (AI Summary)

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

Docket Entries

2019-01-07
Petition DENIED.
2018-12-06
DISTRIBUTED for Conference of 1/4/2019.
2018-11-30
Waiver of right of respondent United States to respond filed.
2018-11-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 26, 2018)

Attorneys

Eliana Sarmiento
James R. DeVitaLaw Offices of James R. DeVita PLLC, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent