United States v. Mancia-Perez

Marcelo Mancia-Perez (“Mancia”) appeals his bench-trial conviction for illegal reentry after deportation following an aggravated felony. He argues that the district court abused its discretion when it dismissed the original indictment without prejudice for violation of the Speedy Trial Act, and that the “felony” and “aggravated felony” provisions in 8 U.S.C. §§ 1326(b)(1) and (b)(2) are unconstitutional. We AFFIRM.

I

On March 12, 2001, a criminal complaint was filed charging Mancia with illegal reentry following deportation subsequent to his conviction for an aggravated felony, in violation of…