00-3835 U.S. v. Hemmings

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“While Hemmings seeks relief under 18 U.S.C. sec. 3162(a) (1), it is clear from the plain language of the statute that his claim must fail. Section 3162(a)(1) provides:

‘If, in the case of any individual against whom a complaint is filed charging such individual with an offense, no indictment or information is filed within the time limit required by section 3161(b) as extended by section 3161(h) of this chapter, such charge against that individual contained in such complaint shall be dismissed or otherwise dropped.’

“Hemmings was arrested on an indictment, not on a complaint. This is not a case in which no indictment was filed within the thirty-day period. As the Eleventh Circuit recognized in Mosquera, `”[t]he Speedy Trial Act does not guarantee that an arrested individual indicted within thirty days of his arrest must, in that thirty-day period, be indicted for every crime known to the government, failing which he may never be charged. In short, the Speedy Trial Act is not a statute of limitations.”‘ Mosquera, 95 F.3d at 1013 (quoting United States v. Wilson, 762 F. Supp. 1501, 1502 (M.D. Ga. 1991)).”

Affirmed.

Appeal from the United States District Court for the Southern District of Indiana, Young, J., Harlington Wood, J.