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JOSE YANEL SANCHEZ-PEREZ,
Petitioner,
v.
MERRICK B. GARLAND, Attorney General,
Respondent. |
No. 23-3004 |
On Petition for Review from the Board of Immigration Appeals.
No. A 028 650 559.
Decided and Filed: April 30, 2024
Before: BOGGS, MOORE, and GIBBONS, Circuit Judges.
_________________________
OPINION
_________________________
KAREN NELSON MOORE, Circuit Judge. One day after he pleaded guilty to violating
a Tennessee domestic-violence law, the federal government initiated removal proceedings
against Jose Yanel Sanchez-Perez. Ultimately, an immigration judge and the Board
of Immigration Appeals determined that Sanchez-Perez could not seek cancellation of
removal due to this conviction. The Board of Immigration Appeals improperly determined that
Sanchez-Perez pleaded guilty to a crime of violence, however. Accordingly, we GRANT
Sanchez-Perez’s petition for review, VACATE the Board’s order of removal, and REMAND to
the Board for proceedings consistent with our opinion. |
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
CARLOS DASHAWN BROWN,
Defendant-Appellant. |
No. 22-3797 |
Appeal from the United States District Court for the Northern District of Ohio at Cleveland.
No. 1:19-cr-00247-1—Solomon Oliver, Jr., District Judge.
Decided and Filed: April 30, 2024
Before: SILER, NALBANDIAN, and MATHIS, Circuit Judges.
_________________________
OPINION
_________________________
SILER, Circuit Judge. Like any other criminal defendant, Carlos Brown has a right to be
brought to trial within seventy days of his arraignment—absent, of course, the Speedy Trial
Act’s laundry list of exclusions. 18 U.S.C. § 3161 et seq. Yet Brown alleges that, in the 1,176
days between his arraignment and his guilty plea, his right to a speedy trial was twice violated.
Either violation would warrant the dismissal of his indictment. We consider whether these
violations were covered by the Act’s exclusions. Id. § 3161(c)(1), (h)(1).
The first violation involved a thirty-six-day delay in transporting Brown from Ohio to the
Federal Medical Center (“FMC”), Lexington for his competency evaluation. This delay,
according to the district court, was excludable. It denied Brown’s motion to dismiss. The
second violation involved a twenty-one-day period after the denial of Brown’s first motion to
dismiss. Again, the district court denied Brown’s motion to dismiss. It instead entered a twenty-one-day retroactive ends-of-justice continuance. We find that the district court erred in denying
both motions, vacate his conviction, and remand to the district court to determine whether his
indictment should be dismissed with or without prejudice. |
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