United States v. Williams

On January 28, 2014, Williams, was charged with discharging a firearm within 1,000 feet of a school zone. Before Williams was arraigned, Williams’s counsel sought a competency hearing. Williams refused to participate in the court-ordered psychological examination. On June 11, the court ordered that Williams be transported to North Carolina for a psychological examination. On June 12, a grand jury returned an Indictment. On June 18, Williams was arraigned. Williams arrived in North Carolina on July 29. On October 31, a forensic psychologist submitted a report. On November 5, the court held a hearing, determined that Williams lacked competency to stand trial and committed Williams under 18 U.S.C. 4241(d). The government sought to involuntarily medicate Williams. On October 9, 2015, the court held a hearing. A physician testified that Williams was competent to stand trial. The court did not set a trial date; no pleadings were filed until December 2, when the government moved to exclude evidence regarding Williams’s competency.” On December 18, Williams moved to dismiss the Indictment under the Speedy Trial Act, 18 U.S.C. 3161–3174, which gives the government 70 days to bring a case to trial. The court required briefing but took no action. On July 15, 2016, Williams filed a second motion to dismiss. Three months later Williams sought mandamus relief. The district court then set a trial date. Williams conditionally pleaded guilty and was sentenced to “time served.” The Third Circuit vacated, with an order to dismiss the indictment. The 37 days between June 21 and July 29, 2014, are non-excludable; the government has not overcome the presumption that this delay in transporting Williams was unreasonable. The government conceded a 53-day period of non-excludable delay elapsed between October 9 and December 2, 2015. View "United States v. Williams" on Justia Law

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