USA v. Raymundo Anderson-Ruiz

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 12-10549
Non-Argument Calendar
________________________
D.C. Docket No. 8:05-cr-00480-JDW-TBM-1
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RAYMUNDO ANDERSON-RUIZ,
Defendant-Appellant.
___________________________
Appeal from the United States District Court
for the Middle District of Florida
____________________________
(April 1, 2013)
Before MARTIN, JORDAN, and FAY, Circuit Judges.
PER CURIAM:
Raymundo Anderson-Ruiz, who was convicted of violating 8 U.S.C. §
1326(a), appeals from the district court’s denial of his motion to dismiss the
Case: 12-10549 Date Filed: 04/01/2013 Page: 1 of 2

-- 1 of 2 --

2
indictment on speedy trial grounds. For the reasons which follow, we affirm.
The sole argument made by Mr. Anderson-Ruiz is that the district court
erred in not sua sponte holding an evidentiary hearing on his speedy trial claim.
We find no abuse of discretion, much less plain error. The district court, in denying
Mr. Anderson-Ruiz’s motion, assumed that his factual allegations were true. See
Docket Entry 13 at 2-3. Because Mr. Anderson-Ruiz does not challenge the district
court’s decision on the merits, an evidentiary hearing would not have helped Mr.
Anderson-Ruiz in any material way. As we have said before, a district court need
not hold an evidentiary hearing where the movant’s allegations, even if true, do not
warrant the relief requested. See, e.g., Chavez v. Sec’y Fla. Dep’t of Corr., 647
F.3d 1057, 1072-73 (11th Cir. 2011); United States v. Massey, 89 F.3d 1433, 1443
(11th Cir. 1996).
AFFIRMED.
Case: 12-10549 Date Filed: 04/01/2013 Page: 2 of 2

-- 2 of 2 --