United States v. Franklin De La Pena-Juarez, Also Known as Carlos Ottoniel De La Pena, United States of America v. Gamaliel Aguirre-Tibra
Court of Appeals for the Fifth Circuit
1Opinion of the Court
EMILIO M. GARZA, Circuit Judge:
Franklin De La Pena-Juarez (“De La Pena-Juarez”) appeals the district court’s denial of his motion to dismiss his indictment based upon a violation of the Speedy Trial Act, 18 U.S.C. § 3161(b). Gamaliel Aguirre-Tibra (“Aguirre-Tibra”) also seeks review of the district court’s denial of his motion to dismiss his indictment based upon a Speedy Trial Action violation. Because these cases raise an identical issue of law, we consolidate them for the purposes of this opinion. For the reasons set out below, we affirm the judgments of the district courts.
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De La…
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