Filed: Dec. 20, 2019
Latest Update: Dec. 20, 2019
Summary: RULING AND ORDER BRIAN A. JACKSON , District Judge . Before the Court is a Motion to Quash the Indictment and Dismiss with Prejudice (Doc. 28) urged by Defendant Michael Beauchamp. The United States has filed an opposition. (Doc. 29). For the following reasons, the Motion (Doc. 28) is DENIED. I. BACKGROUND Defendant was arrested on December 5, 2017 on a violation of state law for being a felon in possession of a firearm. (Doc. 28-1 at 3). On April 25, 2019, Defendant was indicted
Summary: RULING AND ORDER BRIAN A. JACKSON , District Judge . Before the Court is a Motion to Quash the Indictment and Dismiss with Prejudice (Doc. 28) urged by Defendant Michael Beauchamp. The United States has filed an opposition. (Doc. 29). For the following reasons, the Motion (Doc. 28) is DENIED. I. BACKGROUND Defendant was arrested on December 5, 2017 on a violation of state law for being a felon in possession of a firearm. (Doc. 28-1 at 3). On April 25, 2019, Defendant was indicted ..
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RULING AND ORDER
BRIAN A. JACKSON, District Judge.
Before the Court is a Motion to Quash the Indictment and Dismiss with Prejudice (Doc. 28) urged by Defendant Michael Beauchamp. The United States has filed an opposition. (Doc. 29). For the following reasons, the Motion (Doc. 28) is DENIED.
I. BACKGROUND
Defendant was arrested on December 5, 2017 on a violation of state law for being a felon in possession of a firearm. (Doc. 28-1 at 3). On April 25, 2019, Defendant was indicted in the instant case on a violation of federal law for being a felon in possession of a firearm. (Doc. 1).
II. LEGAL STANDARD
Dismissal of an indictment is an "extreme sanction" that is appropriate "only in extraordinary situations and only where the government's misconduct has prejudiced the defendant." United States v. Swenson, 894 F.3d 677, 684-85 (5th Cir. 2018) (citation omitted).
III. DISCUSSION
Defendant moves the Court to dismiss the Indictment due to a violation of the Speedy Trial Act. Section 3161(b) of Title 18 of the United States Code requires that "[a]ny information or indictment charging an individual with the commission of an offense shall be filed within thirty days from the date on which such individual was arrested or served with a summons in connection with such charges." Defendant argues that he was arrested on December 5, 2017 yet was not indicted until April 25, 2019. However, "[c]ourts uniformly hold that an individual is not arrested under [18 U.S.C. § 3161(b)] until he is taken into custody after a federal arrest for the purpose of responding to a federal charge." United States v. Johnson, 815 F.2d 309, 312 (5th Cir. 1987). In the instant case, Defendant was arrested on December 5, 2017 on a violation of state law. However, he was not "arrested" pursuant to the federal indictment until May 7, 2019, several days following the filing of a federal charge against him.1 Thus, Defendant's motion to quash the indictment and dismiss with prejudice must be denied.
IV. CONCLUSION
Accordingly,
IT IS ORDERED that Defendant's Motion to Quash the Indictment and Dismiss with Prejudice (Doc. 28) is DENIED.
