United States v. Rodriguez-Andrade

* Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
June 25, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-40885
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RAFAEL RODRIGUEZ-ANDRADE,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. L-01-CR-1236-ALL
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Before JONES, STEWART and DENNIS, Circuit Judges.
PER CURIAM:*
Rafael Rodriguez-Andrade appeals his conviction for illegal
reentry. He argues pursuant to the “ruse exception” of the Speedy
Trial Act, 18 U.S.C. § 3161(b), that more than 30 days elapsed
between his civil detention and his indictment.
The Speedy Trial Act, as a general rule, does not apply when
a defendant is detained on civil deportation charges. United
States v. De La Pena-Juarez, 214 F.3d 594, 597-98 (5th Cir. 2000).
We have, however, recognized an exception to that rule, the “ruse

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No. 02-40885
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exception,” which is applicable only if a defendant establishes
“that the primary or exclusive purpose of the civil detention was
to hold him for future criminal prosecution.” Id. at 598.
Rodriguez was arrested and detained based on a charge that he
violated the conditions of his supervised release. Therefore, the
purpose of his detention was not in anticipation of formally
charging him with the crime of illegal reentry. He has therefore
not established that illegal reentry formed the primary basis for
his civil detention and does not fall under the “ruse exception.”
AFFIRMED.

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