Opinion
Civil Action No. 02-11163-RWZ
August 27, 2002
MEMORANDUM OF DECISION
Gerard Spaguolo was charged with drug and gun offenses initially in a complaint. The Magistrate Judge, in December 2001, ordered that he be temporarily detained. There followed, both before and after Mr. Spaguolo was indicted on February 27, 2002, a series of motions and status conferences that addressed a range of issues, including the appointment of counsel for Mr. Spaguolo and his continued detention. As a result, the Magistrate Judge issued a number of excludable time orders pursuant to the Speedy Trial Act, 18 U.S.C. § 3161. Mr. Spaguolo, acting pro se, takes issue with the computation of excludable time in this separate proceeding for a writ of habeas corpus under 28 U.S.C. § 2241. He seeks release from detention because of alleged miscalculations of excludable time. The government opposes the request on the merits with a point-by-point refutation of petitioner's claim of miscalculation.
Although a petition under § 2241 does not expressly require exhaustion of remedies in the underlying criminal case, I defer ruling on the petition while the criminal case remains pending. I do so for at least these reasons: First, the issues raised here are fully capable of being litigated in the criminal case, and the judges handling that case are far more familiar with them than am I. Second, petitioner is represented by counsel in that proceeding who is fully capable of litigating these claims. Third, whereas the relief petitioner seeks here is release from detention, he would be entitled to dismissal of the criminal case if he successfully raised the claim therein.
Accordingly, this case is stayed pending further order of court.