680 F.2d 920 (2nd Cir. 1982), 1191, United States v. Rodriguez-Restrepo

Docket Nº:1191, Docket 81-1467.
Citation:680 F.2d 920
Party Name:UNITED STATES of America, Appellee, v. Gloria RODRIGUEZ-RESTREPO, Appellant.
Case Date:June 04, 1982
Court:United States Courts of Appeals, Court of Appeals for the Second Circuit
 
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680 F.2d 920 (2nd Cir. 1982)

UNITED STATES of America, Appellee,

v.

Gloria RODRIGUEZ-RESTREPO, Appellant.

No. 1191, Docket 81-1467.

United States Court of Appeals, Second Circuit

June 4, 1982

Argued June 3, 1982.

Paul R. Warburgh, Jr., Axelrod & Warburgh, New York City, for appellant.

Peter J. Tomao, Asst. U. S. Atty., Brooklyn, N. Y. (Edward R. Korman, U. S. Atty., Jane Simkin Smith, Asst. U. S. Atty., E. D. N. Y., Brooklyn, N. Y., of counsel), for appellee.

Before KAUFMAN and WINTER, Circuit Judges, and WARD, District Judge. [*]

PER CURIAM:

This is an appeal from the judgment entered by Judge Nickerson, after a guilty

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plea, convicting Gloria Rodriguez-Restrepo of conspiracy to possess with intent to distribute cocaine in violation of 21 U.S.C. §§ 841(a)(1) and 846. Ms. Rodriguez-Restrepo contends that the indictment should have been dismissed on the grounds that her right to a speedy trial pursuant to the Speedy Trial Act, 18 U.S.C. §§ 3161 et seq. ("Act"), and the Eastern District Plan for the Prompt Disposition of Criminal Cases ("Eastern District Plan"), and her constitutional rights under the Fifth and Sixth Amendment had been violated. We disagree and accordingly affirm the judgment of conviction.

A brief review of the facts will serve to place appellant's claims in context. On November 10, 1979, appellant Gloria Rodriguez-Restrepo was arrested along with five other persons in New Jersey in connection with the seizure of thirteen pounds of cocaine. On November 20, she and five co-defendants were indicted in the District of New Jersey, but on the motion of the United States Attorney, the indictment was dismissed on December 20, 1979. Ms. Rodriguez-Restrepo, an illegal alien, then left the country.

Subsequently, on February 22, 1980, appellant, along with seven co-defendants, was indicted in the Eastern District of New York for conspiracy to possess with intent to distribute cocaine in violation of 21 U.S.C. §§ 841(a)(1) and 846. The indictment was based on the same facts and evidence as the previously dismissed New Jersey indictment. Since the Government did not know where she was, and despite efforts to locate her in three states and Colombia, South America, her arraignment on this indictment did not take place until January 14, 1981. She was directed to appear for trial before Judge Nickerson on February 6, 1981.

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