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U.S. v. CEPEDA-LUNA

No. 92-30057.

989 F.2d 353 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Ruben CEPEDA-LUNA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 30, 1993.

Attorney(s) appearing for the Case

Linda Friedman Ramirez, argued, Leslie Kay, on brief, Linda Friedman Ramirez, P.C., Portland, OR, for defendant-appellant.

Jonathan S. Haub, Asst. U.S. Atty., Portland, OR, for plaintiff-appellee.

Before: D.W. NELSON, TROTT and T.G. NELSON, Circuit Judges.

TROTT, Circuit Judge:

We are asked to decide in this case whether a civil arrest pursuant to deportation proceedings starts the clock under the Speedy Trial Act, 18 U.S.C. § 3161 et seq., for criminal charges which are later filed against the detainee. We hold that except in cases of collusion between Immigration and Naturalization officials and criminal authorities, where the civil detention is merely a ruse to avoid the requirements of the Speedy Trial...

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