Whether the Sixth Amendment and Speedy Trial Act permit a court to deny a motion to dismiss an indictment when the government deliberately delayed the defendant's return to the United States and detained him abroad for an extended period without justification

No question identified. : TRENT DREXEL HOWARD ("'Mr. Howard") hereby respectfully moves this Court for an Extension of Time by which to file a Petition for Certiorari.from the Circuit Court for the Ninth Circuit's denial of his Petition for Rehearing due to the denial of his appeal. This Motion is based on the following Memorandum of Points and Authorities, and the Affidavit of Trent Drexel Howard and the exhibits attached thereto. MEMORANDUM OF POINTS AND AUTHORITIES I. INTRODUCTION Mr. Howard was sentenced to 23 years of imprisonment after the District Court denied his motion to dismiss the indictment for failure to bring him to trial timely, in violation of his Sixth Amendment right and the Speedy Trial Act. In total, 839 days elapsed between the filing of the indictment and his trial, with 89 days passing between the filing and his arrest in Kazakstan, and 427 days of imprisonment in Kazakstan in which he waited to be returned to the United States. Since his sentencing, Mr. Howard has been in the custody of the Bureau of Prisons ("BOP"), and has filed a timely appeal and a Petition for Rehearing upon the decision by the Ninth Gircuit to affirm the District Court's denial of his motion to dismiss. Mc. Howard's appeal was decided on April 17, 2023, (See: Affidavit..of Trent Drexel.Howard ("Aff£."), Exh. 1). On or about May 1, 2023, Mr. Howard filed a Petition for Rehearing. (Aff., Exh. 2). The United States Circuit Court for the Ninth Circuit denied his Petition on July 18, 2023 (AE£f., Exh. 3), and he was notified of this denial on or about July 25, 2023. Over the course of the following several months, Mr. Howard was in discussion with an attorney in Georgia regarding the filing of a Petition for Writ of Certiorari, wherein the attorney quoted Mr. Howard in his family a certain sum of money for said services. Mr. Howard's family was able to obtain the sum quoted in approximately 6 weeks; however, upon contacting the attorney again, Mr. Howard 1 and his family were informed that the attorney would be unable to represent him because the attorney did not feel comfortable filing the Petition as the attorney did not have experience with the Supreme Court. Mr. Howard and his family frantically attempted to hire another attorney to no avail. because all attorneys they spoke with stated they are not interested or that they do not have enough time. Accordingly, with no other choice, Mr. Howard must represent himself, but has been unable to obtain his entire file and the trial transcripts from his trial attorney yet to be able to submit a proper Petition for Writ of certiorari. Mr. Howard therefore respectfully requests that this Court grant him an extension of time of no less than 30 days to obtain the file from his attorney at his current institution and prepare a Petition which deals with not only violations of his Sixth Amendment speedy trial rights, but the Government's behavior preventing him from doing so when he was first charged. Il. ARGUMENT While not a favored process, Supreme Court Rule 13.2 provides in pertinent part that an individual justice may, for good cause shown, extend the time for filing a petition for a writ of certiorari. (Supreme Court Rules 13.2 and 13.6} see also Brody v. United States, 77 S. Ct. 910 (1957), Boumendiene v. Bush , 127 S. Ct. 1725 (2007)). A. Good Cause Exists To Grant Mr. Howard's Motion On or about July 25, 2023, Mr. Howard received a letter from his thencounsel that the Petition for Rehearing was denied. Since then, Mr. Howard has been diligent about attempting to secure counsel to file a Petition in this Court, and was then told that the attorney will not do so. Mr. Howard attempted to obtain counsel afterwards, but no attorney agreed to take his case. Mr. Howard has no other choice but to proceed pro se, but he has not gotten the case file from his former attorney to enable him to properly submit a Petition for Writ of Certiorari. Upon the search of his home while he was on assignment