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U.S. v. CERVANTES

Crim. No. 94-348 (JAF).

897 F.Supp. 24 (1995)

UNITED STATES of America, Plaintiff, v. Frank CERVANTES, Defendant.

United States District Court, D. Puerto Rico.

Order on Reconsideration June 29, 1995.

Attorney(s) appearing for the Case

Asst. U.S. Attorney Warren Vazquez, Guillermo Gil, U.S. Attorney, District of Puerto Rico, San Juan, PR, for plaintiff.

Carlos A. Vazquez-Alvarez, Asst. Federal Public Defender, Benicio Sanchez-Rivera, Federal Public Defender, District of Puerto Rico, San Juan, PR, for defendant.

OPINION AND ORDER

FUSTE, District Judge.

I.

Introduction

Defendant, Frank Cervantes, seeks dismissal of charges for assault of a prison official on grounds that the government has violated defendant's Sixth Amendment right to a speedy trial. We refuse to dismiss the action, concluding that ordinary administrative segregation does not constitute "arrest" for purposes of 18 U.S.C. § 3161 (1988).

II.

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