Sixth Circuit: When the Federal Speedy Trial Clock Starts

If you are arrested on a federal warrant in one place but charged somewhere else, when does the Speedy Trial Act's 70-day clock start? On September 28, 2026, the U.S. Court of Appeals for the Sixth Circuit, the federal appeals court that covers Kentucky, Tennessee, Ohio, and Michigan, answered that question in a published opinion, United States v. Lopez-Escarrega, No. 25-1937.

What happened

The defendant was arrested and first appeared in federal court in the Northern District of Indiana on a charge pending in the Western District of Michigan. Fifty-seven days passed before his initial appearance in Michigan. He argued that those days counted toward the Speedy Trial Act's 70-day limit. The Sixth Circuit disagreed and affirmed his conviction and 48-month sentence.

The court relied on the statute's text. Under 18 U.S.C. § 3161(c)(1), the clock starts on the later of the date the indictment or information is filed or the date the defendant "has appeared before a judicial officer of the court in which such charge is pending." In the panel's words, the clock begins at the initial appearance "in the specific district where the charge is pending, even if he had a prior initial appearance in another district." Counting from the Michigan appearance, only 34 days had passed before trial.

The panel also rejected the defendant's proposed duress defense, describing such defenses as rare and narrowly construed, and held that his within-Guidelines sentence was reasonable.

Why it matters

Out-of-district arrests are common in federal cases. A person in Western Kentucky can be picked up here on a warrant from Indiana, Tennessee, Florida, or elsewhere, appear before a local magistrate judge, and then wait to be transported to the district where the case was filed. This decision confirms that, in the Sixth Circuit, the Speedy Trial Act's 70-day trial clock generally does not start until that first appearance in the charging district.

Time in transit may not count toward the 70 days. Weeks spent waiting on transport may not support a later Speedy Trial Act motion. Other protections, such as the Sixth Amendment right to a speedy trial and the rules requiring prompt court appearances, may still matter depending on the facts, so it is important to keep track of every date from the moment of arrest.

The first hearing matters. The initial appearance in the arresting district can involve important decisions, including detention and identity questions. Having a lawyer involved from that first hearing helps protect your rights before the case ever reaches the charging district.

Defenses are judged strictly. The court's discussion of duress is a reminder that affirmative defenses must meet every element, and courts apply them narrowly.

Talk to a lawyer early

If you or a loved one has been arrested on federal charges, or on a warrant from another district, the Law Office of B.J. Early, PLLC can help you understand the process and your options. The firm handles criminal defense in Owensboro and throughout Western Kentucky and practices in federal court, including the Western District of Kentucky and the Southern District of Indiana. Call (270) 447-5540 for a free consultation.

This post is for general information only and is not legal advice. Past results do not guarantee or predict a similar outcome in any future matter.