No. 20-7935

Wilmar Rene Duran-Gomez v. United States

Lower Court: Fifth Circuit
Docketed: 2021-05-05
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: barker-test barker-v-wingo civil-immigration-offense criminal-investigation pretextual-arrest prosecutorial-misconduct sixth-amendment speedy-trial
Latest Conference: 2021-09-27 (distributed 2 times)
Question Presented (from Petition)

Whether, under the balancing test in Barker v. Wingo, 407 U.S. 514 (1972), prosecutors may prevent attachment of a defendant's Sixth Amendment speedy-trial right by effecting a pretextual arrest for an unrelated civil immigration offense and delaying indictment while they continue their criminal investigation.

Question Presented (AI Summary)

Whether prosecutors may prevent attachment of a defendant's Sixth Amendment speedy trial right by effecting a pretextual arrest for an unrelated civil immigration offense and delaying indictment while they continue their criminal investigation

Docket Entries

2021-10-04
Petition DENIED.
2021-09-15
Reply of petitioner Wilmar Rene Duran-Gomez filed. (Distributed)
2021-08-26
DISTRIBUTED for Conference of 9/27/2021.
2021-08-06
Brief of respondent United States in opposition filed.
2021-06-29
Motion to extend the time to file a response is granted and the time is further extended to and including August 6, 2021.
2021-06-28
Motion to extend the time to file a response from July 6, 2021 to August 6, 2021, submitted to The Clerk.
2021-06-01
Motion (20M83) for leave to file a petition for a writ of certiorari under seal with redacted copies for the public record Granted.
2021-05-27
Motion to extend the time to file a response is granted and the time is extended to and including July 6, 2021.
2021-05-26
Motion to extend the time to file a response from June 4, 2021 to July 6, 2021, submitted to The Clerk.
2021-05-11
MOTION (20M83) DISTRIBUTED for Conference of 5/27/2021.
2021-05-06
Motion (20M83) for leave to file a petition for a writ of certiorari under seal with redacted copies for the public record filed.
2021-05-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 4, 2021)

Attorneys

United States
Brian H. FletcherActing Solicitor General, Respondent
Wilmar Rene Duran-Gomez
Cullen Oakes MacbethOffice of the Federal Public Defender, District of Maryland, Petitioner