Opinion
12-7550M
10-16-2012
United States of America, Plaintiff, v. Edgar Bravo-Lopez, Defendant.
ORDER
This Court has considered the parties' Joint Motion to Extend Time for Indictment. (Doc. 3)
Defendant has been charged with Illegal Entry, in violation of 8 U.S.C. § 1325(a)(2), which carries a maximum prison sentence of six months. It is a petty offense. 18 U.S.C. § 3559(a)(7). The Speedy Trial Act, 18, U.S.C. §§ 3161-3172, does not apply to petty offenses. See 18 U.S.C. § 3172(a) (defining "offense" to be "any Federal criminal offense which is established by Act of Congress (other than a Class B or C misdemeanor or an infraction . . . ."). "Petty offenses are exempted from both the requirement of a jury trial and the Speedy Trial Act." United States v. Richmond, 312 Fed. Appx. 56, at *1 (9th Cir. 2009) (citing United States v. Baker, 641 F.2d 1311, 1319 (9th Cir. 1981) (holding Speedy Trial Act does not apply to petty offenses); United States v. Carpenter, 91 F.3d 1282 (9th Cir. 1996) (collecting cases explaining that criminal contempt cannot be classified as either a felony or misdemeanor for all purposes, but instead should be classified based on the sentencing range imposed).
IT IS ORDERED that the parties' Joint Motion to Extend Time for Indictment, doc. 3, is DENIED as moot.
__________________
Lawrence O. Anderson
United States Magistrate Judge