Does Defendant have a speedy trial right to plead not guilty to Count 2 of a superseding indictment?

MultiRegion, United States of America

The following excerpt is from United States v. Barragan-Garcia, Case No.: 3:16-CR-2643-CAB (S.D. Cal. 2017):

2. More likely, however, the Sixth Amendment speedy trial right was not triggered with respect to Count 2 until the SSI because that was when Defendant was first "accused" of that crime. See Arnold, 566 F.2d at 1382 ("[O]nce a person becomes 'accused' the more stringent requirements of the Sixth Amendment speedy trial right apply. One becomes 'accused' when there is 'either a formal indictment or information or else the actual restraints imposed by arrest and holding to answer a criminal charge . . . .'") (quoting United States v. Marion, 404 U.S. 307, 320 (1971)); but see United States v. Gregory, 322 F.3d 1157, 1161-62 (9th Cir. 2003) (assuming without deciding that delay related to charges first made against the defendant in a third superseding indictment should be measured from the date of the first superseding indictment, which was the first indictment in which the defendant in question was named).

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