Judges: Per Curiam
Filed: Feb. 04, 2010
Latest Update: Mar. 02, 2020
Summary: NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1 United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 Submitted February 3, 2010* Decided February 4, 2010 Before KENNETH F. RIPPLE, Circuit Judge TERENCE T. EVANS, Circuit Judge DIANE S. SYKES, Circuit Judge No. 09-3115 GARY B. WILLIAMS, Appeal from the United States Petitioner-Appellant, District Court for the Northern District of Illinois, Eastern Division. v. No. 09 C 1509 ** JOHN R.
Summary: NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1 United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 Submitted February 3, 2010* Decided February 4, 2010 Before KENNETH F. RIPPLE, Circuit Judge TERENCE T. EVANS, Circuit Judge DIANE S. SYKES, Circuit Judge No. 09-3115 GARY B. WILLIAMS, Appeal from the United States Petitioner-Appellant, District Court for the Northern District of Illinois, Eastern Division. v. No. 09 C 1509 ** JOHN R. ..
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NONPRECEDENTIAL DISPOSITION
To be cited only in accordance with
Fed. R. App. P. 32.1
United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
Submitted February 3, 2010*
Decided February 4, 2010
Before
KENNETH F. RIPPLE, Circuit Judge
TERENCE T. EVANS, Circuit Judge
DIANE S. SYKES, Circuit Judge
No. 09‐3115
GARY B. WILLIAMS, Appeal from the United States
Petitioner‐Appellant, District Court for the Northern
District of Illinois, Eastern Division.
v.
No. 09 C 1509
**
JOHN R. HACKMAN,
United States Marshal, Ruben Castillo,
Eastern District of Virginia Judge.
Respondent‐Appellee.
*
After examining the briefs and the record, we have concluded that oral argument is
unnecessary. Thus, the appeal is submitted on the briefs and the record. See FED. R. APP.
P. 34(a)(2).
**
John Hackman, the United States Marshal for the Eastern District of Virginia, is
substituted for Eric Wilson as respondent. See FED. R. APP. P. 23(a); United States v. Turner,
569 F.3d 637, 642 (7th Cir.), cert. denied, 130 S. Ct. 654 (2009) .
No. 09‐3115 Page 2
O R D E R
Gary Williams, a federal pretrial detainee, filed an amended petition for a writ of
habeas corpus, 28 U.S.C. § 2241, claiming that his continued confinement violates his
statutory right to a speedy trial. Williams filed his petition in the Northern District of
Illinois while confined temporarily in Chicago, but the underlying prosecution is in the
Eastern District of Virginia. He seeks dismissal of the indictment. The district court denied
the petition without prejudice to Williams seeking relief in the district where the
prosecution is pending.
Even though Williams mentions the Sixth Amendment in his appellate brief, his
petition was premised entirely on the Speedy Trial Act of 1974, 18 U.S.C. §§ 3161–74. By
failing to develop a constitutional argument, Williams waived any Sixth Amendment claim.
See United States v. Loera, 565 F.3d 406, 412 (7th Cir.), cert. denied, 130 S. Ct. 654 (2009). As for
the statutory claim, the Speedy Trial Act allows dismissal of an indictment if the time
constraints of the Act are not followed, 18 U.S.C. § 3162(a)(2); United States v. Gearhart, 576
F.3d 459, 462 (7th Cir. 2009), but a district court in Chicago has no authority to dismiss an
indictment pending in another district, see United States v. Green, 499 F.2d 538, 539 (D.C. Cir.
1974). In any event, a federal pretrial detainee cannot use § 2241 to preempt the judge
presiding over the criminal case. See Jones v. Perkins, 245 U.S. 390, 391‐92 (1918) (“It is well
settled that in the absence of exceptional circumstances in criminal cases the regular judicial
procedure should be followed and habeas corpus should not be granted in advance of a
trial.”); Fassler v. United States, 858 F.2d 1016, 1018‐19 (5th Cir. 1988) (per curiam) (stating
that federal defendants cannot use § 2241 to challenge pretrial detention orders that can be
challenged under 18 U.S.C. § 3145); United States v. Pipito, 861 F.2d 1006, 1009 (7th Cir. 1987)
(same). Accordingly, the dismissal of Williams’s petition is AFFIRMED.