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United States v. Flores-Lagonas

United States District Court, D. Minnesota

May 24, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
(4) ADAN MARGRITOS FLORES-LAGONAS, Defendant.

          Surya Saxena, Assistant United States Attorney, Counsel for Plaintiff.

          Kyle David White, Counsel for Defendant.

          MEMORANDUM OF LAW & ORDER

          Michael J. Davis United States District Judge

         I. INTRODUCTION

         This matter is before the Court on the Government’s Motion to Exclude Time under Speedy Trial Act [Docket No. 522] and on Defendant’s Motion to Dismiss Indictment for Speedy Trial Violation [Docket No. 523]. The Court heard oral argument on May 21, 2019. In accordance with the Court’s oral order during the May 21, 2019 hearing, the Court issues the following Memorandum of Law & Order.

         II. DISCUSSION

         A. Speedy Trial Act Standard

In any case in which a plea of not guilty is entered, the trial of a defendant charged in an information or indictment with the commission of an offense shall commence within seventy days from the filing date (and making public) of the information or indictment, or from the date the defendant has appeared before a judicial officer of the court in which such charge is pending, whichever date last occurs.

18 U.S.C. § 3161(c)(1).

         B. Speedy Trial Calculations in this Case

         On July 14, 2015, a multi-count Indictment was filed against Defendant Adan Margritos Flores-Lagonas and co-Defendants Armando Reyes-Ramirez, Eloy Flores, Leticia Reyes-Ramirez, and Jonathan Perez-Juarez. [Docket No. 1] After various pretrial motions and rulings, a trial date was set.

         On February 1, 2016, a sealed Superseding Indictment was filed against Flores-Lagonas, Reyes-Ramirez, Perez-Juarez, and three new co-Defendants: Epifanio Salgedo Flores, Nicole Angela Davis, and Felix Nacedo Flores. [Docket No. 177] The Superseding Indictment alleged that the three new co-Defendants were co-conspirators of Flores-Lagonas with regard to Count 1, Conspiracy to Distribute Methamphetamine. A redacted version of the Superseding Indictment was filed on February 2 [Docket No. 182] and the unsealed Superseding Indictment was filed on February 12 [Docket No. 203].

         “[W]hen a newly indicted or arraigned defendant is joined with a defendant whose speedy trial clock has already started running, the latter defendant’s speedy trial clock will be reset so that it reflects the speedy trial clock of the newly added codefendant.” United States v. Lightfoot, 483 F.3d 876, 886 (8th Cir. 2007) (citation omitted). Thus, Defendant’s speedy trial clock was reset to 0 days on February 1, 2016, when new co-Defendants were joined in the Superseding Indictment. For the reasons fully explained in the Court’s May 13, 2016, Order [Docket No. 272], due to Epifanio Salgedo Flores’s clock commencing on March 29, 2016, the date of his first appearance in the District of Minnesota, and various pretrial motions filed, the time period from February 1, 2016 through May 13, 2016 was excluded from Defendant’s speedy trial calculation.

         Co-Defendant Epifanio Salgedo Flores filed various pretrial motions on April 19, 2016. [Docket Nos. 242-49] The Government did not file a response, so the motion was not fully briefed for submission to the Court, and the motions were withdrawn on June 6, 2016, when Epifanio Salgado Flores pled guilty. [Docket No. 289] Therefore, the time from April 19, 2016 through June 6, 2016 was excludable under the speedy trial act. See 18 U.S.C. ยง 3161(h)(1)(D); ...


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