United States v. Sparks

• Decision Date: 10 August 2012
• Docket Number: Criminal Case No. 12–113 (RBW).
• Citation: 885 F.Supp.2d 92
• Parties: UNITED STATES of America v. Elias SPARKS, Defendant.
• Court: U.S. District Court — District of Columbia

885 F.Supp.2d 92

UNITED STATES of America

v.Elias SPARKS, Defendant.

Criminal Case No. 12–113 (RBW).

United States District Court,

District of Columbia.

Aug. 10, 2012.

Steven B. Wasserman, U.S. Attorney's Office, Washington, DC, for Plaintiff.

Jonathan Jeffress, Federal Public Defender, Washington, DC, for Defendant.

MEMORANDUM OPINION

WALTON, District Judge.

This case is before the Court on the defendant's Motion to Dismiss Indictment with Prejudice (“Def.'s Mot.”), in which the defendant, through counsel, asks the Court to “dismiss with prejudice the Indictment against him based on the violation of [his] right to a speedy trial under the Speedy Trial Act, 18 U.S.C. § 3161 ... [ (2006) ]”. Def.'s Mot. at 1. The government opposes the motion. Government's Opposition to Defendant's Motion to Dismiss the Indictment with Prejudice for Alleged Violation of Speedy Trial Act (“Gov't's Opp'n”). For the reasons expressed below, the motion will be denied. ¹

I. BACKGROUND

A. Factual and procedural history

Criminal Case No. 11–60 commenced when the defendant was arrested and charged in a criminal complaint on February 2, 2011, Def.'s Mot. ¶ 1, alleging that the defendant did “unlawfully, knowingly, and intentionally possess with intent to distribute a mixture and substance containing a detectable amount of cocaine base, also known as crack,” Criminal Complaint at 1, Criminal Case No. 11–60. He appeared before Magistrate Judge Alan Kay on February 3, 2011, at which point an oral motion for the appointment of counsel was made and granted. Judge Kay then scheduled a detention hearing for February 8, 2011. On February 8, 2011, the defendant conceded the government's request for his pretrial detention.

On March 3, 2011, the government indicted Mr. Sparks on one count of Unlawful Possession with the Intent to Distribute 28 Grams or More of Cocaine Base, Gov't's Opp'n at 1, under 21 U.S.C. § 841(a)(1) (2006). The defendant first appeared before this Court on March 17, 2011, whereupon counsel for the defendant raised questions regarding the defendant's mental competency. Def.'s Mot. ¶ 2. Specifically, at the defendant's first post-indictment appearance on March 17, 2011, defense counsel stated: “Your Honor, I believe Mr. Sparks needs to be arraigned, and then we're going to be requesting forensic screening. I don't think there is any opposition from the government on that. I can provide further information to the Court about why I'm requesting that.” March 17, 2011 Hearing Transcript. Counsel for both parties then approached the bench, and defense counsel disclosed his reasons for requesting the forensic screening. Id. The Court granted from the bench the unopposed oral request from defense counsel for a forensic screening of the defendant, which it followed with a more detailed written Order issued on March 25, 2011. Gov't's Opp'n ¶ 2; Order, United States v. Sparks, 11–cr–60 (RBW) (D.D.C. March 25, 2011). At the March 17 hearing, the Court also set a status hearing for March 28, 2011, and, in the interests of justice due to the request for the forensic evaluation, excluded the time between March 17, 2011, and March 28, 2011, from the Speedy Trial Act clock. Gov't's Opp'n ¶ 2. The defendant was not arraigned and did not enter a plea of not guilty during his March 17 appearance. Id.

Having failed to receive the defendant's forensic screening by March 25, 2011, the Court sua sponte continued the March 28, 2011 hearing to April 1, 2011. Still not having received the results from the forensic screening by April 1, the Court, again acting sua sponte, continued the April 1, hearing to April 7, 2011. On April 5, 2011, the Court finally received a letter from Dr. Nancy Ingraham, a licensed clinical psychologist, in which she concluded that the defendant was incompetent to participate in the court proceedings. The Court informed the parties of Dr. Ingraham's findings at the April 7, 2011 hearing, and scheduled a further status hearing for April 13, 2011. Def.'s Mot. ¶ 3. At the April 13, 2011 hearing, the Court granted defense counsel's oral request to have the defendant's competency further evaluated by the Federal Bureau of Prisons, and, on April 15, 2011, the Court issued a written Order invoking 18 U.S.C. § 4247 (2006) and committed the defendant to the custody of the Attorney General for thirty days for the purpose of having a competency examination conducted, which was docketed by the Clerk of Court on April 19, 2011. Id. ¶ 4; Order, United States v. Sparks, 11–cr–60 (RBW) (D.D.C. April 19, 2011) (“April 19, 2011 11–cr–60 Order”). The time between April 13, 2011, and May 26, 2011, was excluded by the Court from the Speedy Trial Act clock pursuant to 18 U.S.C. § 3161(h)(1)(A). April 19, 2011, 11–cr–60 Order at 2.

Although the April 19, 2011 Order directed that the defendant be transferred to the Federal Medical Facility at Butner, North Carolina (“the Butner facility” or “FMC Burner”) “forthwith,” id., the Order was apparently not transmitted by the Clerk of the Court to the United States Marshals Service until May 24, 2011, Gov't's Opp'n ¶ 3.² After learning that the defendant had not been transferred to the Butner facility until May 31, 2011, the Court rescheduled the May 26, 2011 status hearing for July 7, 2011. Id. ¶ 4. On June 28, 2011, the Court received a request from Butner Warden Tracy W. Johns for a fifteen-day extension of time in which to evaluate the defendant; defense counsel did not object, and the Court granted the request that same day. Id. The defendant's presence at the July 7, 2011 status hearing was waived by defense counsel prior to that hearing, and the Court scheduled the next status hearing for August 19, 2011. Id.

Through a letter dated July 26, 2011, Warden Johns informed the Court, government counsel, and defense counsel that it was the mental health evaluator's opinion that the defendant suffered from a severe mental disease or defect, which prevented him from understanding the nature and consequences of the proceedings against him and from assisting in his defense. Order, U.S. v. Sparks, 11–cr–60 (RBW) (D.D.C. Aug. 19, 2011) (“August 19, 2011 11–cr–60 Order”). As a result of these findings, the defendant was deemed incompetent by the evaluator and it was recommended that the defendant be committed for a period of mental health treatment under the provisions of 18 U.S.C. § 4241(d) (2006).

On August 19, 2011, the Court conducted a status hearing at which the defendant was present. Gov't's Opp'n ¶ 5. Neither party objected to the conclusion reached or the recommendation made in the July 26, 2011 letter, and the Court ruled that based upon a preponderance of the evidence, the defendant was incompetent to stand trial. Id. The Court orally ordered that the defendant be returned to the Butner facility for treatment with the objective of restoring his competency. Id. The Court scheduled the next status hearing for January 5, 2012, and excluded the time between August 19, 2012, and January 5, 2012, from the Speedy Trial Act clock under 18 U.S.C. § 3161(h)(4). Id. On August 19, the Court issued a written Order memorializing the oral rulings made at the status hearing earlier that day. August 19, 2011 11–cr–60 Order. Again, however, the Order was not delivered to the Marshals Service by the Clerk of the Court in a timely fashion, and the Marshals Service did not receive the August 19, 2011 Order until December 16, 2011.³ Gov't's Opp'n ¶ 5.

Upon learning, on December 15, 2011, that the defendant had not been returned to FMC Butner, the Court scheduled a status hearing for December 16, 2011. Id. ¶ 6. At the December 16, 2011 hearing, defense counsel orally moved for dismissal of Criminal Case No. 11–60 with prejudice on the grounds that the failure to transport the defendant to FMC Butner as ordered violated the Speedy Trial Act. Id. The Court declined to rule on the oral motion at that time and ordered the parties to brief the issue. Id. The Court again ordered that the defendant be transferred to FMC Butner, specifying that the transfer was to take place “ immediately.” Order, United States v. Sparks, 11–cr–60 (RBW) (D.D.C. December 16, 2011). The Court also scheduled a status hearing for April 20, 2012.

The defendant eventually arrived at FMC Butner on January 17, 2012, after being housed at another facility from January 5, 2012, to January 17, 2012, due to the unavailability of a bed at FMC Butner. Gov't's Opp'n ¶ 6. Then, on January 30, 2012, the Court denied a request made by Sara M. Revell, Complex Warden at FMC Butner, for an extension of time to June 4, 2012, in which to treat the defendant. Order, United States v. Sparks, 11–cr–60 (RBW) (D.D.C. January 30, 2012). The Court further ordered that a competency report containing sufficient information for it to make the determinations necessary to order further detention under 18 U.S.C. § 4241(d) be furnished to the Court by no later than April 6, 2012.

On April 4, 2012, after “[c]onsidering the fact that a plea of not guilty has seemingly never been entered in this case,” and the fact that “rulings by other Circuit Courts of Appeals suggest the conclusion that the defendant's motion must be denied because the Speedy Trial Act does not yet apply to this case,” the Court directed the parties to “submit their positions as to whether the Speedy Trial Act applies in this case.” Order, United States v. Sparks, 11–cr–60 (RBW) (D.D.C. April 4, 2012) (“April 4, 2012 11–cr–60 Order”). Because defense counsel was unavailable on April 20, 2012, the status hearing previously scheduled for that date was continued to April 30, 2012.

On April 27, 2012, defense counsel filed a Notice of Waiver of Appearance and Not Guilty Plea, which had been signed by the defendant earlier that day. Def.'s Mot. ¶ 11. That same day, but after the filing of the defendant's waiver, the government filed a Motion to Dismiss the Indictment Without Prejudice. Id. The government...