United States v. Irizarry-Colon

KAYATTA, Circuit Judge.

The defendant, Efrén Irizarry-Colón, pled guilty to participating in a conspiracy to defraud the federal government in violation of 18 U.S.C. § 371. His plea agreement reserved his right to appeal the district court’s denial of his motion to dismiss the indictment with prejudice based on violations of the Speedy Trial Act, the Speedy Trial Clause of the Sixth Amendment, and the Due Process Clause of the Fifth Amendment. For the following reasons, we find that the district court was misled by dicta in one of our prior opinions in calculating the length of delay relevant…