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093748np-pdf•in Re: Ossie R. Trader v. Sobina, 475 F.3d 162, 166 & n.5 3d Cir. 2007 per curiam speedy trial rights are…
093748np-pdfCourt of Appeals for the Third CircuitNov 13, 2009
HLD-008 (October 2009) NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
___________
No. 09-3748
___________
IN RE: OSSIE R. TRADER,
Petitioner
____________________________________
On a Petition for Writ of Mandamus from the
United States District Court for the Eastern District of Pennsylvania
(Related to D.C. Crim. No. 2:94-cr-00534)
____________________________________
Submitted Pursuant to Rule 21, Fed. R. App. P.
October 30, 2009
Before: SCIRICA, Chief Judge, WEIS and GARTH, Circuit Judges
Opinion filed: November 13, 2009
_________
OPINION
_________
PER CURIAM.
Ossie Robert Trader, a federal prisoner, petitions this Court for a writ of
mandamus ordering the District Court for a public hearing on his “Motion for a Speedy
Trial,” which he filed on March 2, 1995. Trader subsequently pleaded guilty and was
sentenced. He has challenged his conviction and sentence on direct appeal and collateral
review, but to no avail.
This is Trader’s fifth attempt to revive his Speedy Trial Act claims by
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petitioning for a writ of mandamus. See 322 Fed. Appx. 203 (3d Cir. 2009); 285 Fed.
Appx. 973 (3d Cir. 2008); 226 Fed. Appx. 100 (3d Cir. 2007); 161 Fed. Appx. 205 (3d
Cir. 2006). However, as this Court has repeatedly informed Trader, his speedy trial
motion was terminated due to his guilty plea entered three months later in June 1995. See
also, Washington v. Sobina, 475 F.3d 162, 166 & n.5 (3d Cir. 2007) (per curiam) (speedy
trial rights are waived by an unconditional and voluntary guilty plea). A guilty plea may
not be challenged through a petition for a writ of mandamus.
Accordingly, the petition for a writ of mandamus is denied.
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