United States v. Huete-Sandoval

HOWARD, Circuit Judge.

On September 22, 2009, a jury convicted defendant-appellant Juan Huete-Sandoval (“Huete”) of various crimes related to his alleged fraudulent acquisition and use of a United States passport. On appeal, Huete argues, inter alia, that the district court erred in denying his motion to dismiss for an alleged violation of the Speedy Trial Act (“STA”). We agree with his position. For the reasons elucidated below, we reverse the district court’s order and remand with instructions to determine whether the indictment should be dismissed with or without prejudice. 1

I. Background

On…