Case Detail
CitationUnited States v. Rivera, 25 F. Supp. 2d 167 (S.D.N.Y. 1998)
CrimeDrug crimes
StateNY
Pros. First NameUKN
Pros. Last NameUKN
FederalYes
Trial Year1997
BodyTrial court
OpinionProsecution requested and received multiple continuances, telling the court that the defendant's attorney had agreed to them when in fact she had not and was not aware of the adjournments. District Court granted a dismissal of the indictment with prejudice for violation of speedy trial rules: "In sum, the Court finds that the Government's handling of this matter evidenced, at best, the 'demonstrably lackadaisical attitude' condemned by the Second Circuit in Giambrone and subsequent cases. We note, in particular, the delays in apprehending Mr. Rivera, transporting him to New York, and producing him for arraignment; the repeated misrepresentations made to magistrate judges in regard to Mr. Rivera's consent to adjournments and the status of plea discussions; and Magistrate Judge Grubin's dismissal of the complaint in light of the Government's failure to have complied with Magistrate Judge Katz's directive."
Determination Year1998
Misconduct TypeP
C/S EffectDismissal
Pros. Misc. ReportedUKN
SanctionsUKN
Sanction TypeUKN
Web linkhttp://law.justia.com/cases/federal/district-courts/FSupp2/25/167/2325901/