Opposition Brief — Reginald L. Hopkins, Petitioner v. United States

Supreme Court briefDec 12, 2024

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No. 24-5678

________________________________________________________________

________________________________________________________________

IN THE SUPREME COURT OF THE UNITED STATES

_______________

REGINALD L. HOPKINS, PETITIONER

v.

UNITED STATES OF AMERICA

_______________

ON PETITION FOR A WRIT OF CERTIORARI

TO THE UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

_______________

BRIEF FOR THE UNITED STATES IN OPPOSITION

_______________

ELIZABETH B. PRELOGAR

Solicitor General

Counsel of Record

NICOLE M. ARGENTIERI

Principal Deputy Assistant

Attorney General

TYLER ANNE LEE

Attorney

Department of Justice

Washington, D.C. 20530-0001

SupremeCtBriefs@usdoj.gov

(202) 514-2217

________________________________________________________________

________________________________________________________________

QUESTION PRESENTED

Whether the court of appeals correctly declined to adopt an

implicit “ruse exception” -- pursuant to which state proceedings

may be treated as though they were federal proceedings -- for the

purpose of assessing the timeliness of a federal prosecution under

the Speedy Trial Act, 18 U.S.C. 3161 et seq.

(I)

IN THE SUPREME COURT OF THE UNITED STATES

_______________

No. 24-5678

REGINALD L. HOPKINS, PETITIONER

v.

UNITED STATES OF AMERICA

_______________

ON PETITION FOR A WRIT OF CERTIORARI

TO THE UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

_______________

BRIEF FOR THE UNITED STATES IN OPPOSITION

_______________

OPINIONS BELOW

The opinion of the court of appeals (Pet. App. A1-A31) is

reported at 106 F.4th 280.

The order of the district court (Pet.

App. C1c-C34) is not published in the Federal Supplement but is

available at 2023 WL 3077802.

An earlier order of the district

court is not published in the Federal Supplement but is available

at 2023 WL 2385928.

JURISDICTION

The judgment of the court of appeals was entered on July 9,

2024.

A petition for rehearing was denied on August 2, 2024 (Pet.

App. B1-B2).

The petition for a writ of certiorari was filed on

2

September 25, 2024.

The jurisdiction of this Court is invoked

under 28 U.S.C. 1254(1).

STATEMENT

Following his indictment in the United States District Court

for the Middle District of Pennsylvania for distributing cocaine

base, in violation of 21 U.S.C. 841(a)(1), and possessing firearms

and ammunition following a felony conviction, in violation of 18

U.S.C. 922(g)(1); see Indictment 1-2, petitioner moved to dismiss

the indictment.

The district court granted in part and denied in

part the motion to dismiss.

appeals

reversed

indictment.

1.

and

Pet. App. C1-C34.

reinstated

the

dismissed

The court of

count

of

the

Id. at A1-A31.

In early 2021, the Bureau of Alcohol, Tobacco, Firearms,

and Explosives (ATF) received information that petitioner was

selling narcotics in Harrisburg, Pennsylvania, and that he might

have firearms.

Pet. App. A5.

Officer Darrin Bates -- a police

officer employed by the City of Harrisburg who was also crossdesignated

as

an

ATF

task

force

investigation into petitioner.

agent

Ibid.

--

opened

a

federal

On February 19, 2021,

Officer Bates, local Harrisburg police officers, and ATF agents

executed a federal search warrant at petitioner’s residence.

at A5-A6.

Id.

They recovered several firearms, including at least one

that had been reported stolen.

Id. at A6.

Petitioner was arrested

that same day and charged in Pennsylvania state court with a

3

firearms offense and with receiving stolen property; he was then

detained in state custody.

Id. at A3, A6, C2-C3, C6.

On June 23, 2021, a federal grand jury indicted petitioner

for distributing cocaine base, in violation of 21 U.S.C. 841(a)(1),

and possessing firearms and ammunition as a felon, in violation of

18 U.S.C. 922(g)(1).

Pet. App. A3; Indictment 1-2.

In July 2021,

petitioner was arraigned on the federal charges and detained. Pet.

App.

A3.

The

withdrawn.

2.

state

charges

against

petitioner

were

later

Id. at A3-A4, C3.

Between June 2021 and October 2022, petitioner “filed

numerous unopposed motions to extend the deadline for filing

pretrial motions under Federal Rule of Criminal Procedure 12 and

to continue jury selection and trial.”

Pet. App. A4.

“Six motions

to continue were filed by two different defense counsel, each of

whom also sought and received leave to withdraw from the case.”

Ibid.

Petitioner then moved to dismiss the federal indictment,

asserting, inter alia, that the prosecution violated the Speedy

Trial Act of 1974, 18 U.S.C. 3161 et seq.

Pet. App. A6, C5;

D. Ct. Doc. 66 (October 6, 2022).

The Speedy Trial Act provides, in relevant part, that an

“information

or

indictment

charging

an

individual

with

the

commission of an offense shall be filed within thirty days from

the date on which such individual was arrested * * * in connection

with such charges.”

18 U.S.C. 3161(b).

The Act further provides

that a defendant’s trial “shall commence within seventy days from

4

the filing date” of the indictment or “from the date the defendant

has appeared before a judicial officer of the court in which such

charge

is

pending,

3161(c)(1).

whichever

date

last

occurs.”

18

U.S.C.

Certain “periods of delay” are “excluded in computing

the time” limits.

18 U.S.C. 3161(h).

Although petitioner did not dispute that a state arrest does

not ordinarily trigger Section 3161(b)’s 30-day charging clock,

petitioner argued that his state arrest started the Speedy Trial

Act clock here, on the theory that “the arrest on state charges

was

merely

a

ruse

D. Ct. Doc. 66, at 6.

to

facilitate

federal

prosecution.”

Petitioner argued, in the alternative, that

the delay in commencing trial had violated Section 3161(c)(1)’s

70-day clock.

Ibid.

After an evidentiary hearing, the district

court denied the motion as to the cocaine-distribution count and

granted the motion as to the firearms-possession count.

Pet. App.

A4-A5, A9-A10, C4-C5.

The district court explained that the timing of the federal

prosecution would violate the Speedy Trial Act only if petitioner’s

February 2021 state arrest started the clock for purposes of the

Act.

Pet. App. C6.

But a state arrest could start the clock only

if -- as petitioner urged -- the court adopted a so-called “ruse”

exception, whereby a state arrest could “trigger the Speedy Trial

Act when the government has knowledge that an individual is held

by state authorities solely to answer to federal charges” and “upon

a showing of collusion or evidence that the detention was for the

5

sole

or

primary

prosecution.”

purpose

Id.

at

of

C7

quotation marks omitted).

preparing

(brackets,

for

federal

citations,

and

criminal

internal

The district court acknowledged that

the Third Circuit had “not yet decided whether to adopt” any such

exception.

Ibid.

But the district court took the view that it

was “reasonably clear that the Third Circuit would adopt” a “ruse”

exception “under the right circumstances.”

Id. at C8.

The district court stated that under the “ruse” exception

that it was adopting, petitioner was required to establish two

elements:

(1) that the “state charges were filed for the sole or

primary purpose of preparing the federal criminal prosecution,”

and

(2) that

authorities.”

there

was

“collusion

between

state

Pet. App. C8-C9; see id. at C10.

and

federal

The court deemed

the first element satisfied because Officer Bates had stated in

his bail recommendation to the state-court judge that petitioner

was “being federally indicted” and “[i]f convicted would be looking

at a 15 year mandatory sentence,” id. at C11 (citation omitted),

and because Officer Bates had spoken with federal prosecutors about

a federal indictment before making the state bail recommendation,

id. at C18; see id. at C21.

And the court deemed the second

element satisfied, emphasizing inconsistencies in Officer Bates’s

testimony.

Id. at C23-C24.

Thus relying on “ruse” exception it had identified, the

district court held that, because the federal indictment postdated

the state arrest by more than 30 days, the federal prosecution

6

violated the Speedy Trial Act.

Pet. App. C24.

Although the remedy

for such a violation is ordinarily dismissal, the court held that

petitioner was entitled to dismissal of only “the offense or

offenses charged in the original [state] complaint.”

C25.

Id. at C24-

The court accordingly dismissed only the federal firearms-

possession count, which the court found to have charged petitioner

with

possessing

the

same

firearms

possessing in the state proceedings.

3.

The

court

of

appeals

that

he

was

charged

with

reinstated

the

Id. at C25.

reversed

and

dismissed firearms-possession count, Pet. App. A1-A31, holding

that the Speedy Trial Act “contains no ruse exception premised on

a state arrest,” id. at A13-A14.

The court of appeals explained that “[o]rdinarily, the time

limits of the [Speedy Trial Act] have not been triggered by an

event other than the commencement of a federal prosecution.”

App. A16.

Pet.

While the court acknowledged that other courts have

suggested that there may be a “ruse” exception under which the

Act’s time limits can also be triggered by a state arrest, the

court emphasized that “[n]o court of appeals has ever applied the

ruse exception to conclude that [a Speedy Trial Act] violation had

occurred and that dismissal of federal charges was therefore

warranted.”

Id. at A20.

And the court observed that statements

by other circuits referring to a potential “ruse” exception “amount

to dicta.”

Id. at A25 (citation omitted).

7

Turning to the question whether a “ruse” exception should be

adopted, the court of appeals emphasized that the Speedy Trial Act

“contains no explicit provision establishing a ruse exception.”

Pet. App. A22; see id. at A16 (observing that “no such exception

is found anywhere in the text of the Act”).

The court noted that

the Act defines “offense” as a “‘Federal criminal offense’” and

that the Act’s protections apply only after an individual has been

“‘arrested

or

served

with

a

summons

charges’ -- i.e., federal charges.”

in

connection

with

such

Id. at A22 (quoting 18 U.S.C.

3172(2) and 3161(b)). The court accordingly observed that “[t]hose

in search of statutory text within the [Act] that might support

even the implication of a ruse exception inevitably come up emptyhanded.”

Id. at A23-A24.

The court of appeals further emphasized that Congress “knows

how to create exceptions within statutes” and “could have included

a ruse exception” in the Speedy Trial Act, but Congress “did not

do so.” Pet. App. A24-A25. Recognizing that “it is not [a court’s]

role to search for ways to ostensibly improve an Act of Congress,”

the court “decline[d] to engraft a ruse exception on to the plain

text of the [Act].”

Id. at A25.

The court of appeals also observed that adopting a ruse

exception would be “inconsistent with principles of federalism and

dual

sovereignty”

discretion.”

ruse

and

“would

Pet. App. A26-A27.

exception

would

severely

hinder

prosecutorial

It additionally noted that a

“penalize[]

much-needed

and

expected

8

coordination between state and federal law enforcement.”

A29 (citation omitted).

“dictate”

that

Congress.”

any

Id. at

And it reasoned that those considerations

ruse

exception

“should

be

a

creation

of

Ibid. (citation omitted).

ARGUMENT

Petitioner renews his contention (Pet. 16-17) that the Speedy

Trial Act contains an atextual “ruse exception” pursuant to which

state proceedings may be treated as though they were federal

proceedings.

The court of appeals correctly declined to create

such an exception, and petitioner has failed to identify any square

conflict of authority warranting this Court’s review.

And this

case would not be a suitable vehicle to address the question

presented in any event.

1.

The Speedy Trial Act requires an indictment “charging an

individual with the commission of an offense” to be filed “within

thirty days from the date on which such individual was arrested or

served with a summons in connection with such charges.”

18 U.S.C.

3161(b); see generally United States v. Tinklenberg, 563 U.S. 647,

652-656 (2011).

As the Act makes clear, to trigger the 30-day

clock, the arrest must be “in connection with” the same criminal

“offense” charged in the indictment. 18 U.S.C. 3161(b); see United

States v. Cepeda-Luna, 989 F.2d 353, 355-356 (9th Cir. 1993) (“The

thirty-day

requirement

connection

with

the

applies

offense

to

for

an

indictment

which

the

issued

in

defendant

was

arrested.”); United States v. Reme, 738 F.2d 1156, 1162 (11th Cir.

9

1984) (“The time limitation for indicting an accused does not begin

to run if the accused is arrested for an unrelated offense.”)

(citation omitted), cert. denied, 471 U.S. 1104 (1985).

And the

Act expressly defines “offense” as a “Federal criminal offense.”

18 U.S.C. 3172(2).

An arrest on a state charge therefore does not trigger the

time limits in the Act, even where a defendant is later indicted

on federal charges based on the same underlying conduct.

See,

e.g., United States v. Robertson, 810 F.2d 254, 256 (D.C. Cir.

1987) (“It is beyond dispute that [18 U.S.C.] 3161(b) does not

prevent the government from indicting a defendant on federal

charges more than thirty days after his arrest on similar state

charges.”); United States v. Shahryar, 719 F.2d 1522, 1525 (11th

Cir. 1983) (per curiam) (“[I]f one is held by state officers on a

state charge and subsequently turned over to federal authorities

for federal prosecution, the starting date for purposes of the Act

is

the

date

that

the

defendant

is

delivered

into

federal

custody.”); United States v. Iaquinta, 674 F.2d 260, 264 (4th Cir.

1982).

Even beyond the text, “[c]ommon sense, as well as deeply

rooted concepts of federalism dictate that the Speedy [Trial] Act

rules relate only to federal and not to state custody.”

Shahryar,

719 F.2d at 1525.

The court of appeals thus correctly recognized that the Speedy

Trial Act does not contain a “ruse” exception under which a state

arrest could sometimes trigger the Act’s time limitations.

Pet.

10

App. A21-A25.

As the court observed, the plain text of the Act

does not admit of any such exception.

clearly

“knows

how

to

create

Id. at A20.

exceptions

within

Congress

statutes”;

Congress’s decision not to include a ruse exception in the Speedy

Trial Act should be the beginning and end of the analysis.

Id. at

A24-A25; see United States v. Rabb, 680 F.2d 294, 296 (3d Cir.)

(“To discern Congress’ intent in [Section] 3161(b), we begin with

the language of the statute itself because we presume that the

words Congress has chosen best reflect the legislative purpose.”),

cert. denied, 459 U.S. 873 (1982).

Petitioner asserts (Pet. 17) that “the Ruse Exception serves

Congressional intent by giving effect to the [Speedy Trial Act].”

But the best evidence of Congress’s intent is the text of the Act,

which makes clear that only a federal arrest can trigger the Act’s

time limitations and contains no “ruse” exception.

See pp. 8-10,

supra; Pet. App. A24.

In any event, no “ruse” exception is

necessary

the

“to

protect

administration of justice.”

public’s

interest

in

the

speedy

Pet. 16 (quoting United States v.

Ramirez-Cortez, 213 F.3d 1149, 1158 (9th Cir. 2000)).

States are

sovereigns independent from the federal government for purposes of

criminal prosecution, see, e.g., Gamble v. United States, 587 U.S.

698 (2019), and they administer judge independently.

An arrest

“by one sovereign” cannot “cause the speedy trial guarantees to

become engaged as to possible subsequent indictments by another

sovereign.”

United States v. MacDonald, 456 U.S. 1, 10 n.11

11

(1982).

Moreover, adopting a judge-made “ruse” exception would

“penalize[]

* * *

enforcement”

--

coordination between state and federal law

even

though

such

duplication of effort and resources.”

coordination

“avoid[s]

Pet. App. A29 (citations

omitted).

2.

conflicts

Petitioner asserts (Pet. 14-16) that the decision below

with

decisions

of

other

courts

of

appeals.

But

petitioner fails to identify any court of appeals decision that

has actually applied a “ruse” exception to find that a state arrest

triggered a violation of the Speedy Trial Act.

Indeed, the court

of appeals here found that “[n]o court of appeals has ever applied

the ruse exception to conclude that [a Speedy Trial Act] violation

had occurred and that dismissal of federal charges was therefore

warranted.”

Pet. App. A20.

Multiple courts of appeals have expressly recognized that the

Speedy Trial Act does not contain an atextual “ruse” exception for

arrests on state charges followed by federal arrest and indictment

on federal charges.

See, e.g., United States v. Knight, 824 F.3d

1105, 1109 (D.C. Cir. 2016) (explaining that the en banc D.C.

Circuit had declined “to adopt a ruse exception under the Speedy

Trial Act”) (citing United States v. Mills, 964 F.2d 1186, 1189–

1190 (D.C. Cir.), cert. denied, 506 U.S. 977 (1992)); United States

v. Alvarado-Linares, 698 Fed. Appx. 969, 974 (11th Cir. 2017)

(emphasizing

the

lack

of

“Supreme

Court

or

Eleventh

Circuit

authority recognizing a ruse exception in a situation like the

12

present case:

state confinement on state charges followed by

federal arrest and indictment on federal charges”), cert. denied,

584 U.S. 951 (2018).

The Fourth, Fifth, and Ninth Circuits have suggested that

there may be an exception to the general rule that the Speedy Trial

Act clock begins only upon a federal criminal arrest if a person

is detained in state custody for the purpose of avoiding the Act’s

requirements.

See United States v. Woolfolk, 399 F.3d 590, 596

(4th Cir. 2005); United States v. Kelley, 40 F.4th 276, 283 (5th

Cir. 2022); United States v. Mearis, 36 F.4th 649, 653 (5th Cir.

2022); United States v. Benitez, 34 F.3d 1489, 1494 (9th Cir.

1994), cert. denied, 513 U.S. 1197 (1995).

But none of the

identified decisions actually applied such an exception, and the

court of appeals in this case recognized such statements to be

“dicta.”

Pet. App. A25 (citation omitted); see id. at A25-A26.

In United States v. Woolfolk, the Fourth Circuit suggested

that the Speedy Trial Act’s time limits may be triggered “when the

Government has knowledge that an individual is held by state

authorities solely to answer to federal charges.”

(emphasis added).

that

the

399 F.3d at 596

But the Fourth Circuit did not actually find

defendant’s

state

detention

had

triggered

the

Act.

Instead, the Fourth Circuit remanded to the district court to

determine whether the defendant “remained in state custody only to

answer to federal charges” and whether “the restraint was a result

of ‘federal action.’”

Id. at 596-597.

13

Moreover,

the

Fourth

Circuit

did

so

in

“limited

circumstances,” Woolfolk, 399 F.3d at 596, substantially different

from the ones here.

In Woolfolk, unlike here, the defendant’s

state proceedings were terminated after he was federally charged

and a federal detainer was filed, but he continued to be detained

in state custody.

Id. at 593-594.

The Fourth Circuit made clear

that when “a state has valid charges currently pending against an

individual,” an individual held by state authorities is not under

“federal

arrest.”

Id.

at

595–596

(emphasis

added).

Here,

petitioner does not dispute that valid state charges were pending

against

him

until

federally indicted.

July

28,

2021,

after

See Pet. App. C3.

he

had

already

been

There is thus no sound

basis to suppose that the Fourth Circuit would necessarily have

reached a different conclusion from the court of appeals below in

petitioner’s case.

In both United States v. Mearis and United States v. Kelley,

the

Fifth

defendant’s

Circuit

motion

affirmed

to

the

dismiss

district

an

court’s

indictment,

denial

rejecting

defendant’s argument that a “ruse” exception applied.

36 F.4th at 654; Kelley, 40 F.4th at 283-284.

of

a

the

See Mearis,

And although the

Ninth Circuit suggested in United States v. Benitez that “Speedy

Trial Act time periods may be triggered by state detentions that

are merely a ruse to detain the defendant solely for the purpose

of bypassing the requirements of the Act,” 34 F.3d at 1494, the

Ninth Circuit likewise rejected the defendant’s argument that “the

14

state prosecution was merely a ruse,” affirming the district

court’s denial of the motion to dismiss, see id. at 1492, 1495.

Such affirmances are, at best, a tenuous basis for concluding that

another circuit would have decided this case differently.

Petitioner’s

reliance

(Pet.

14)

on

the

Second

Circuit’s

decision in United States v. Jones, 129 F.3d 718 (1997) (per

curiam), cert. denied, 524 U.S. 911 (1998), is likewise misplaced.

There, the defendant did not argue that his arrest on state charges

triggered the Speedy Trial Act’s time limit.

Instead, he argued

that his transfer into federal custody pursuant to a writ ad

testificandum was an “arrest” under the Act.

Id. at 721.

The

Second Circuit rejected that claim, stating “[t]he Act does not

afford protection if the deprivation of liberty -- however labelled

-- is for a reason other than requiring the defendant to answer to

federal criminal charges.”

Id. at 722.

The Second Circuit

explained that the defendant’s “transfer to federal custody did

not start the clock under the Act, because he was transferred under

a writ of habeas corpus ad testificandum pursuant to his tentative

agreement to cooperate,” and he was “therefore was not taken into

federal custody ‘in connection with’ or ‘for purposes of’ answering

federal charges.”

Id. at 723 (emphasis omitted).

Accordingly,

nothing in Jones -- which was decided in the context of the writ

ad testificandum and rejected the defendant’s Speedy Trial Act

claim -- suggested that an individual’s arrest on state charges

can trigger the Act.

15

3.

At all events, this case would be a poor vehicle to

address the question presented.

First, this case is in an interlocutory posture because the

court of appeals reversed the dismissal of the firearms-possession

count in the indictment and remanded for further proceedings. Pet.

App. A31.

The interlocutory posture of a case ordinarily “alone

furnishe[s]

sufficient

ground

for

the

denial”

of

certiorari.

Hamilton-Brown Shoe Co. v. Wolf Bros. & Co., 240 U.S. 251, 258

(1916); see Brotherhood of Locomotive Firemen & Enginemen v. Bangor

& Aroostook R.R., 389 U.S. 327, 328 (1967) (per curiam) (observing

that a case remanded to the district court “is not yet ripe for

review by this Court”); Abbott v. Veasey, 580 U.S. 1104, 1105

(2017) (statement of Roberts, C.J., respecting the denial of

certiorari).

Consistent

with

that

general

rule,

this

denies interlocutory petitions in criminal cases.

Court

routinely

See Stephen M.

Shapiro et al., Supreme Court Practice 4-55 n.72 (11th ed. 2019).

That practice promotes judicial efficiency because, among other

things, it enables issues raised at different stages of lower court

proceedings to be consolidated into a single petition.

See Major

League Baseball Players Ass’n v. Garvey, 532 U.S. 504, 508 n.1

(2001) (per curiam) (“[W]e have authority to consider questions

determined in earlier stages of the litigation where certiorari is

sought from the most recent of the judgments of the Court of

16

Appeals.”).

Petitioner offers no reason to deviate from that

practice here.

Second, this would not be a suitable vehicle to address

whether the Speedy Trial Act contains a “ruse” exception because

petitioner’s underlying contention that the state-law prosecution

was a “ruse” (as he would define it) lacks merit.

court’s

contrary

view

rested

primarily

on

The district

Officer

Bates’s

reference to a future federal indictment during the state bail

proceedings. Pet. App. C11, C18, C21. But Officer Bates clarified

that he was expressing his personal “impression” of the case’s

likely

future

and

that

a

federal

prosecution

determined at the time of petitioner’s arrest.

had

not

been

C.A. App. 235-236,

241; see id. at 223-224, 228-230, 234-237.

The officer’s testimony was corroborated by the fact that the

ongoing federal investigation -- and the federal indictment that

eventually issued -– was focused on petitioner’s drug-trafficking

activity, which was not the subject of any state charges.

C.A. App. 82, 116, 119, 164.

See

No evidence of drug offenses was

found during the joint federal-state search of petitioner’s home,

nor was drug-trafficking the basis for his state arrest.

164; Pet. App. C2-C3.

Id. at

Moreover, a state prosecutor testified that

petitioner was arrested on legitimate state charges; that state

authorities handled the prosecution “normally”; and that the State

fully intended at the time to prosecute petitioner for illegally

17

possessing stolen firearms, whether or not federal authorities

also indicted him.

C.A. App. 166-167.

CONCLUSION

The petition for a writ of certiorari should be denied.

Respectfully submitted.

ELIZABETH B. PRELOGAR

Solicitor General

NICOLE M. ARGENTIERI

Principal Deputy Assistant

Attorney General

TYLER ANNE LEE

Attorney

DECEMBER 2024

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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