No. 22-7146

Daren Bernard Razz, III v. United States

Lower Court: Eleventh Circuit
Docketed: 2023-03-29
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-3161 criminal-procedure due-process federal-prosecution government-delay indictment-timing sixth-amendment speedy-trial statutory-delay
Latest Conference: 2023-04-21
Question Presented (from Petition)

Issue 1: Petitioner briefs the following point in an abundance of caution to preserve the issue regarding the denial of his second motion to dismiss to preserve the record regarding the denial of his second motion to dismiss the indictment alleging an unconstitutional delay in his indictment from his arrest on August 4, 2020 until the indictment date of December 1, 2020 violating the Sixth Amendment as codified by 18 U.S.C. 3161(b) due to the government's failure to have a timely indictment returned within 30 days as required by 18 U.S.C. 3161(b) [DE73] in light of the order of the Supreme Court dated May 16, 2022 denying certiorari in Jeffrey Olsen v. United States, Case No. 20-50329) should the law on this point change to his benefit in the future.

Question Presented (AI Summary)

Denial of motion to dismiss indictment alleging unconstitutional delay

Docket Entries

2023-04-24
Petition DENIED.
2023-04-06
DISTRIBUTED for Conference of 4/21/2023.
2023-03-31
Waiver of right of respondent United States to respond filed.
2023-03-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 28, 2023)

Attorneys

Daren Bernard Razz
Arthur L. Wallace IIIArthur Wallace Attorney at Law PLLC, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent