United States v. Lewis, No. 12-1597 (1st Cir. 2013)
Annotate this CaseOn August 6, Appellant was arrested in Maine and charged by the State for firearm-related crimes. On August 26, the United States ("government") charged Appellant with possession of a firearm by a convicted felon. On August 29, the State dismissed the related State charges. Appellant remained incarcerated by the State for the next month despite the fact the State had dismissed all charges against him. Finally, on October 3, Appellant was arrested by U.S. Marshals and brought before a federal judge. On October 26, a federal grand jury returned an indictment charging Appellant, and Appellant waived his right to contest the government's motion to detain him pending trial. Appellant subsequently filed a motion to dismiss the federal indictment on speedy-trial grounds. The district court denied the motion. The First Circuit Court of Appeals affirmed, holding (1) because Appellant did not enter federal custody until October 3, his October 26 indictment occurred within thirty days of his arrest on federal charges and, therefore, did not violate the Speedy Trial Act; and (2) the district court did not err by failing to impose sanctions against the government for its purported failure to notify Appellant that it had lodged a federal detainer against him.
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