United States v. Mendoza

OPINION

SAROKIN, District Judge.

Defendant, Alvaro Mendoza, one of multiple defendants in this criminal proceeding, moves for mandatory immediate release from pre-trial custody pursuant to the provisions of 18 U.S.C. § 3164, alleging that he has been in continuous detention awaiting trial in excess of ninety days and that “through no fault of his own, his trial has not commenced”. 18 U.S.C. § 3164(c). Relying on that portion of § 3164(c) which provides that “[n]o detainee ... shall be held in custody pending trial after the expiration of such ninety-day period required for the commencement of…