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Spagnuolo v. United States Marshals Service

United States District Court, D. Massachusetts
Aug 27, 2002
Civil Action No. 02-11163-RWZ (D. Mass. Aug. 27, 2002)

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.


Summaries of

Spagnuolo v. United States Marshals Service

United States District Court, D. Massachusetts
Aug 27, 2002
Civil Action No. 02-11163-RWZ (D. Mass. Aug. 27, 2002)
Case details for

Spagnuolo v. United States Marshals Service

Case Details

Full title:GERARD V. SPAGNUOLO, Petitioner v. UNITED STATES MARSHALS SERVICE…

Court:United States District Court, D. Massachusetts

Date published: Aug 27, 2002

Citations

Civil Action No. 02-11163-RWZ (D. Mass. Aug. 27, 2002)