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Name: U.S. v. Lopez-Osuna
Court: US Court of Appeals
District 9 Cir
Opinion Date: 11/07/2000
Subsequent History: None
Summary

Here, appellant waived indictment on the original 8 U.S.C. § 1326 felony charges (illegal entry into the country) on January 14, 1999, pursuant to an agreement with the government. On the same day, the government filed a new information, which remained pending as a criminal case during the entire time leading up to appellant’s indictment on July 7, 1999. This time, from January 14 to July 7, was excludable time for Speedy Trial Act purposes. First, it was a “delay resulting from other proceedings.” Moreover, appellant waived indictment on the section 1326 charge. Appellant cannot be permitted to avail himself of a favorable deal with the government, then renege on it and complain that the original indictment was not timely filed.