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Keywords

defendanttrialpleamotionburden of proofgrand jurymotion to dismissjury instructionsguilty plea
defendanttrialpleamotionburden of proofgrand jurymotion to dismissjury instructionsguilty plea

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United States v. Solorzano-Rivera

Facts

On September 13, defendant was arrested near San Luis, Arizona. On October 8, an information was filed charging him with illegal reentry. Defendant waived indictment and pleaded guilty the same day. The government was granted a 30-day extension to indict defendant. January 8, defendant moved to withdraw his guilty plea. The motion was granted, and a trial date of February 19 was set. A grand jury indicted him on February 5. Defendant's motion to dismiss the indictment under the Speedy Trial Act was denied. At trial, defendant presented a duress defense stating he jumped the border fence while being harassed by Mexican police. A jury found defendant guilty.

On September 13, defendant was arrested near San Luis, Arizona. On October 8, an information was filed charging him with illegal reentry. Defendant waived indictment and pleaded guilty the same day. The government was granted a 30-day extension to indict defendant. January 8, defendant moved to withdraw his guilty plea. The motion was granted, and a trial date of February 19 was set. A grand jury indicted him on February 5. Defendant's motion to dismiss the indictment under the Speedy Trial Act was denied. At trial, defendant presented a duress defense stating he jumped the border fence while being harassed by Mexican police. A jury found defendant guilty.

Issue

Did the government violate the Speedy Trial Act, and did the district court err in instructing the jury that the defendant had the burden of proving duress by a preponderance of the evidence?

Did the government violate the Speedy Trial Act, and did the district court err in instructing the jury that the defendant had the burden of proving duress by a preponderance of the evidence?

Rule

The Speedy Trial Act requires that a federal indictment be filed within 30 days after arrest, with certain periods of delay excluded from this time frame. Additionally, the burden of proof for a duress defense can be placed on the defendant if it is considered an affirmative defense.

The Speedy Trial Act requires that a federal indictment be filed within 30 days after arrest, with certain periods of delay excluded from this time frame. Additionally, the burden of proof for a duress defense can be placed on the defendant if it is considered an affirmative defense.

Analysis

The court found that not more than 30 days elapsed between the defendant's arrest and indictment, and the time between the guilty plea and its withdrawal was properly excluded from the statutory period. The court also determined that the jury instructions regarding the burden of proof for the duress defense were appropriate, as the defendant's claim of duress was an affirmative defense.

The court found that not more than 30 days elapsed between the defendant's arrest and indictment, and the time between the guilty plea and its withdrawal was properly excluded from the statutory period. The court also determined that the jury instructions regarding the burden of proof for the duress defense were appropriate, as the defendant's claim of duress was an affirmative defense.

Conclusion

The court affirmed the defendant's conviction for illegal reentry into the United States.

The court affirmed the defendant's conviction for illegal reentry into the United States.

Who won?

The government prevailed in the case because the court found that the Speedy Trial Act was not violated and that the jury instructions regarding the burden of proof for the duress defense were correct.

The government prevailed in the case because the court found that the Speedy Trial Act was not violated and that the jury instructions regarding the burden of proof for the duress defense were correct.

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