Legal Opinion
United States v. Ruben Cepeda-Luna
Court of Appeals for the Ninth Circuit
Decided March 30, 1993No. 92-30057PublishedCited by 56 opinions
1Opinion of the Court
TROTT, Circuit Judge:
We are asked to decide in this case whether a civil arrest pursuant to deportation proceedings starts the clock under the Speedy Trial Act, 18 U.S.C. § 3161 et seq., for criminal charges which are later filed against the detainee. We hold that except in cases of collusion between Immigration and Naturalization officials and criminal authorities, where the civil detention is merely a ruse to avoid the requirements of the Speedy Trial Act, civil detention does not trigger the thirty-day clock under the Speedy Trial Act.
I
BACKGROUND
Appellant Ruben Cepeda-Luna appeals his…
2Cases cited16 opinions
- Emich Motors Corp. v. General Motors Corp.Supreme Court of the United States · 1951
- United States v. Harlen ManuelCourt of Appeals for the Ninth Circuit · 1983
- United States v. Fritznel Reme and Fritz PierrotCourt of Appeals for the Eleventh Circuit · 1984
- United States v. David R. CandelariaCourt of Appeals for the Ninth Circuit · 1983
- United States v. Larry JohnsonCourt of Appeals for the Ninth Circuit · 1992
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3Cited by56 opinions
- United States v. George Benitez Javier Ramirez Jose Camilo LizarragaCourt of Appeals for the Ninth Circuit · 1994
- United States v. Grajales-MontoyaCourt of Appeals for the Eighth Circuit · 1997
- United States v. Raymond James HoslettCourt of Appeals for the Ninth Circuit · 1993
- United States v. Franklin De La Pena-Juarez, Also Known as Carlos Ottoniel De La Pena, United States of America v. Gamaliel Aguirre-TibraCourt of Appeals for the Fifth Circuit · 2000
- United States v. Curtis Delmont WoolfolkCourt of Appeals for the Fourth Circuit · 2005
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