Medina v. Choate

HARTZ, Circuit Judge.

Defendant Delano Medina, who is in custody awaiting a federal trial, filed an application for habeas relief under 28 U.S.C. § 2241 seeking dismissal of the charges against him on the ground that he has been denied his constitutional right to a speedy trial. He apparently proceeded under § 2241 rather than under 28 U.S.C. § 2255 because § 2255(a) requires that he be “[a] prisoner in custody under sentence of a court established by Act of Congress.” (Emphasis added.) He has yet to be tried, much less sentenced.

[i] The district court dismissed Defendant’s application for…