No. 23-6965

Armando Orozco-Barron v. United States

Lower Court: Ninth Circuit
Docketed: 2024-03-12
Status: Denied
Type: IFP
Response WaivedIFP
Tags: covid-19-pandemic criminal-procedure dismissal-without-prejudice due-process ends-of-justice individual-assessment judicial-discretion pandemic speedy-trial-act
Key Terms:
ERISA JusticiabilityDoctri
Latest Conference: 2024-04-12
Question Presented (AI Summary)

Whether a court may extend the Speedy Trial Act's deadlines by general order, without individually evaluating defendants' interests in a speedy trial

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW Under the Speedy Trial Act’s “ends of justice” provision, a court may extend the statute’s deadlines upon “finding that the ends of justice served by taking such action outweigh the best interest of the public and the defendant in a speedy trial.” 18 U.S.C. § 3161(h)(7)(A). Between March 2020 and March 2022, the Southern District of California’s Chief Judge invoked that provision to extend the Speedy Trial Act’s deadlines in every case in the district, effectively nullifying those deadlines and precluding defendants from moving to dismiss (even without prejudice). Though the district suspended trials for only about eight-and-a-half months, these exclusions lasted for almost two years. A divided Ninth Circuit panel held that these exclusions were valid, even while trials were occurring and even for detained defendants at heightened risk of death from COVID-19. The questions presented are: (1) May a Chief Judge extend the STA’s deadlines by general order, without individually evaluating defendants’ interests in a speedy trial? (2) When an exclusion is entered by general order, may a district court validate that exclusion by retroactively weighing the defendant’s speedy trial interests at the motion-to-dismiss hearing? prefix PARTIES,

Docket Entries

2024-04-15
Petition DENIED.
2024-03-21
DISTRIBUTED for Conference of 4/12/2024.
2024-03-18
Waiver of right of respondent United States to respond filed.
2024-03-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 11, 2024)

Attorneys

Armando Orozco-Barron
Katie HurrelbrinkFederal Defenders of San Diego, Petitioner
Katie HurrelbrinkFederal Defenders of San Diego, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent