No. 24-5085

Philip Layfield, aka Philip Samuel Pesin v. United States

Lower Court: Ninth Circuit
Docketed: 2024-07-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-3161 70-day-trial-clock custodial-defendant out-of-district-arrest speedy-trial-act statutory-remedy transportation-delay trial-clock
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2024-09-30
Question Presented (AI Summary)

Whether the Speedy Trial Act provides a remedy for a custodial defendant arrested out-of-district and ordered removed, but whose transportation back to the charging district for arraignment is delayed for more than the 10-day period deemed reasonable under 18 U.S.C. § 3161(h)(1)(F), thereby creating a violation of the 70-day trial clock

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Whether the Speedy Trial Act provides a remedy for a custodial defendant arrested out-of-district and ordered removed, but whose transportation back to the charging district for arraignment is delayed for more than the 10-day period deemed reasonable under 18 U.S.C. § 3161(h)(1)(F), thereby creating a violation of the 70-day trial clock. i STATEMENT OF

Docket Entries

2024-10-07
Petition DENIED.
2024-08-01
DISTRIBUTED for Conference of 9/30/2024.
2024-07-29
Waiver of United States of right to respond submitted.
2024-07-29
Waiver of right of respondent United States to respond filed.
2024-07-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 15, 2024)

Attorneys

Philip Layfield
Katherine WindsorLaw Office of Katherine Kimball Windsor, Petitioner
Katherine WindsorLaw Office of Katherine Kimball Windsor, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent