United States v. Rojas-contreras (474 U.S. 231)
U.S. Supreme Court · decided December 16, 1985 · Supreme Court Database (Spaeth)
- Citation
- 474 U.S. 231 · 106 S. Ct. 555
- Decided
- December 16, 1985
- Term
- October Term 1985
- Vote
- 9–0
- Majority author
- Justice Burger
- Issue area
- Criminal Procedure
- Disposition
- Reversed
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
Opinion excerpt
Chief Justice Burger delivered the opinion of the Court. We granted certiorari to resolve a conflict in the Circuits as to whether (a) the Speedy Trial Act of 1974, 18 U. S. C. § 3161 et seq., as amended, prohibits commencement of a trial less than 30 days after arraignment on a superseding indictment; and (b) assuming a violation of the Speedy Trial Act in this case, was that error harmless? I On December 7, 1981, respondent, who is not a citizen of the United States, was convicted of illegal entry into this country and was sentenced to one year’s imprisonment. After serving his sentence, respondent returned to Mexico. Again, on February 13, 1983, he entered the United States illegally and was apprehended by United States Border Patrol agents. On February 18, 1983, a federal grand jury sitting in the Southern District of California returned a two-count indictment charging respondent with felony illegal entry under 8 U. S. C. § 1325 and with reentry by a deported alien under 8 U. S. C. § 1326. The indictment stated that the judgment of conviction for the prior illegal entry, which formed the predicate for the enhancement of the § 1325 offense to a felony, was “rendered on or about December 17, 1981.” The date of the previous conviction was actually December 7, 1981. On February 18, 1983, respondent, appearing through counsel, was arraigned on the indictment. Trial was set for…
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