No. 20-7935

Wilmar Rene Duran-Gomez v. United States

Lower Court: Fifth Circuit
Docketed: 2021-05-05
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: barker-test barker-v-wingo civil-immigration-offense criminal-investigation pretextual-arrest prosecutorial-misconduct sixth-amendment speedy-trial
Key Terms:
Immigration
Latest Conference: 2021-09-27 (distributed 2 times)
Question Presented (AI Summary)

Whether prosecutors may prevent attachment of a defendant's Sixth Amendment speedy trial right by effecting a pretextual arrest for an unrelated civil immigration offense and delaying indictment while they continue their criminal investigation

Question Presented (OCR Extract)

QUESTION PRESENTED Whether, under the balancing test in Barker v. Wingo, 407 U.S. 514 (1972), prosecutors may prevent attachment of a defendant’s Sixth Amendment speedy\ trial right by effecting a pretextual arrest for an unrelated civil immigration offense and delaying indictment while they continue their criminal investigation.

Docket Entries

2021-10-04
Petition DENIED.
2021-09-15
Reply of petitioner Wilmar Rene Duran-Gomez filed. (Distributed)
2021-08-26
DISTRIBUTED for Conference of 9/27/2021.
2021-08-06
Brief of respondent United States in opposition filed.
2021-06-29
Motion to extend the time to file a response is granted and the time is further extended to and including August 6, 2021.
2021-06-28
Motion to extend the time to file a response from July 6, 2021 to August 6, 2021, submitted to The Clerk.
2021-06-01
Motion (20M83) for leave to file a petition for a writ of certiorari under seal with redacted copies for the public record Granted.
2021-05-27
Motion to extend the time to file a response is granted and the time is extended to and including July 6, 2021.
2021-05-26
Motion to extend the time to file a response from June 4, 2021 to July 6, 2021, submitted to The Clerk.
2021-05-11
MOTION (20M83) DISTRIBUTED for Conference of 5/27/2021.
2021-05-06
Motion (20M83) for leave to file a petition for a writ of certiorari under seal with redacted copies for the public record filed.
2021-05-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 4, 2021)

Attorneys

United States
Brian H. FletcherActing Solicitor General, Respondent
Brian H. FletcherActing Solicitor General, Respondent
Wilmar Rene Duran-Gomez
Cullen Oakes MacbethOffice of the Federal Public Defender, District of Maryland, Petitioner
Cullen Oakes MacbethOffice of the Federal Public Defender, District of Maryland, Petitioner