United States Court of Appeals For the Eighth Circuit ___________________________ No. 19-1693 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Ricardo Macias Saucedo, also known as Ricardo Macias Saseo, also known as Rodolpho Elizaondo, Jr. lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the Southern District of Iowa - Davenport ____________ Submitted: January 17, 2020 Filed: April 15, 2020 ____________ Before COLLOTON, SHEPHERD, and ERICKSON, Circuit Judges. ____________ SHEPHERD, Circuit Judge. Ricardo Macias-Saucedo entered a conditional guilty plea to illegal reentry into the United States, in violation of 8 U.S.C. § 1326. The district court1 sentenced him 1 The Honorable John A. Jarvey, Chief Judge, United States District Court for the Southern District of Iowa. to time served with no supervised release to follow. On appeal, Macias-Saucedo challenges the denial of his motion to dismiss the indictment. Having jurisdiction under 28 U.S.C. § 1291, we affirm. I. On January 7, 2008, Immigration and Customs Enforcement (ICE) agents encountered Macias-Saucedo, a citizen of Mexico, in a jail in Henry County, Iowa. Two days later, on January 9, 2008, Macias-Saucedo was served with a notice to appear (NTA), notice of custody determination, warrant for arrest, and notice of rights and request for disposition. Macias-Saucedo later signed a stipulated request for removal order and waiver of hearing, to which immigration authorities filed a written concurrence. After reviewing these documents and other forms filed by an ICE agent, an immigration judge (IJ) filed a decision and order finding removability by clear and convincing evidence. The IJ then ordered Macias-Saucedo removed from the United States. On May 9, 2018, ICE agents again encountered Macias-Saucedo while executing a search warrant at Midwest Precast Concrete in Mount Pleasant, Iowa. Macias-Saucedo was questioned, and it was determined that he was unlawfully present in the United States. The agents arrested him and subsequently served a notice of intent to reinstate the prior removal order, a warning to alien ordered removed, and a warrant of removal. Macias-Saucedo was taken into ICE custody on that day. On June 4, 2018, the government filed a criminal complaint charging Macias- Saucedo with illegal reentry into the United States. He was subsequently transferred to the custody of the United States Marshal. On June 20, 2018, a grand jury returned an indictment against Macias-Saucedo for the same offense. During this time, Macias-Saucedo remained in criminal custody. -2- Macias-Saucedo moved to dismiss the indictment on the grounds that his rights under the Speedy Trial Act, see 18 U.S.C. §§ 3161-3174, were violated and that the offense charged in the indictment rested on a fundamentally flawed removal proceeding. The district court denied the motion, and Macias-Saucedo later filed a motion to clarify order in which he asked the district court to hold a hearing on the collateral challenge to the underlying removal order. Following an evidentiary hearing, the district court denied the motion to dismiss and the motion to clarify order. On November 8, 2018, Macias-Saucedo entered a conditional guilty plea in which ...
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