Defendant Cannot Use 2241 Motion To Allege Speedy Trial Violation

Medina v. Choate, 2017 WL 5380912 (10th Cir. 11/14/17) (published): Mr. Medina has been in jail long enough awaiting trial that he has filed motions seeking dismissal on the grounds he's been denied his constitutional right to a speedy trial. Unsuccessful in the trial court, he filed a petition pursuant to 28 USC § 2241 in the district court. The district court dismissed the motion on the grounds Mr. Medina had failed to exhaust available remedies. The Tenth Circuit affirms and says, "[W]e now adopt the general rule that § 2241 is not a proper avenue for relief for federal prisoners awaiting federal trial." The Court will not make an exception for speedy trial claims. After all, he can ask the trial court for relief. If he gets no relief and is convicted, he can appeal. If his appeal fails, he can file a motion pursuant to 28 USC § 2255. No short cuts allowed.