U.S. Attorneys office moves to dismiss appeal

by Mindy Aguon

Guam - After being found having a "continuing neglectful attitude" toward a defendant's speedy trial rights, the U.S. Attorney's Office has decided not to pursue an appeal with the Ninth Circuit Court. Back in June an appeal was filed following District Court Chief Judge Frances Tydingco Gatewood's dismissal of drug charges against Dennis Charles Perez with prejudice, which means he can't be charged with the same crime again. 

Perez had been charged with attempted possession with intent to distribute methamphetamine and conspiracy to distribute the drug.  He also had a prior felony drug trafficking conviction and faced a mandatory minimum of ten years behind bars up to life behind bars.  But the judge threw out the case after finding that the government failed to comply with the speedy trial act that required Perez be tried within so many days of being charged with a crime. 

Defense attorney Howard Trapp succeeded in having the case thrown out as his client sat in jail for two years while his speedy trial rights were violated.  No reason was given for the government's decision to withdraw its appeal with the Ninth Circuit Court.