Emergency Motion to Dismiss Indictment for Violation of the Speedy Trial Act — Emmet Bowens (Document 237)

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Document 237, filed March 17, 2026, before the U.S. District Court for the Middle District of Florida, Orlando Division, in Case No. 6:21-cr-00141, is an Emergency Motion to Dismiss Indictment for Violation of the Speedy Trial Act. Defendant Emmet Bowens, appearing pro se, moves under 18 U.S.C. §§ 3161-3162 and the Sixth Amendment. The motion states the indictment was filed on November 10, 2021 and points to continuances and competency proceedings beginning in July 2022. It cites the 70-day limit in 18 U.S.C. § 3161(c)(1) and Barker v. Wingo, 407 U.S. 514 (1972), and asks the Court to find a violation and dismiss the indictment, with or without prejudice as the Court determines. It lists Exhibits A through E.

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Case 6:21-cr-00141-RBD-NWH Document 237 ‘Filed 03/17/26 Page1of3 PageiD 850

UNITED STATES DISTRICT COURT a
MIDDLE DISTRICT OF FLORIDA )
ORLANDO DIVISION

UNITED STATES OF AMERICA
Plaintiff,

V.

EMMET BOWENS, a/k/a Emmitt Bowens,
Defendant

Case No.: 6:21@icr00141MiRBDMEJK

EMERGENCY MOTION TO DISMISS INDICTMENT FOR VIOLATION
OF THE SPEEDY TRIAL ACT

Defendant Emmet Bowens, appearing pro se, respectfully moves this Court to dismiss the
indictment pursuant to the Speedy Trial Act, 18 U.S.C. §3161—3162, and the Sixth Amendment
to the United States Constitution.

BACKGROUND

The indictment in this matter was filed on November 10, 2021. Defendant was subsequently
brought before the Court and the case proceeded through numerous continuances, hearings,
and competency related proceedings as reflected on the Court's docket.

The Speedy Trial Act generally requires that a criminal defendant be brought to trial within
70 days from the filing of the indictment or the defendant's first appearance, whichever occurs
later. 18 U.S.C. §3161(c)(1).

Although certain delays may be excluded from the calculation of the Speedy Trial clock,
the Government and the Court must still ensure that the statutory time limits are honored.

DOCKET HISTORY SHOWING EXTENDED DELAY

The docket reflects repeated continuances, competency examinations, and extended periods
between hearings. For example, the record reflects competency proceedings beginning in
July 2022 and continuing status reports and delays thereafter.

Additionally, substantial time passed between scheduled hearings, continuances, and
subsequent proceedings, resulting in prolonged prefilitrial delay while Defendant remained
subject to ongoing prosecution.

LEGAL STANDARD
Case 6:21-cr-00141-RBD-NWH Document 237 Filed 03/17/26 Page 2 of 3 PagelD 851

Under the Speedy Trial Act, if the seventyllday period is exceeded, the Court must dismiss
the indictment upon motion of the defendant. 18 U.S.C. §3162(a)(2).

The Sixth Amendment likewise guarantees the right to a speedy trial. In Barker v. Wingo,
407 U.S. 514 (1972), the Supreme Court established a balancing test considering the length
of delay, reason for delay, defendant's assertion of the right, and prejudice to the defendant.

The extensive procedural delays reflected in the docket history demonstrate that the
statutory and constitutional protections intended to prevent prolonged pretrial prosecution
have been undermined in this case.

RELIEF REQUESTED
WHEREFORE, Defendant respectfully requests that this Court:

1. Find that the Speedy Trial Act has been violated;

2. Dismiss the indictment pursuant to 18 U.S.C. §3162(a)(2);

3. Determine whether dismissal should be with prejudice based on the length of delay,
the Government's responsibility for delay, and the impact on Defendant's rights; and
4. Grant any additional relief this Court deems appropriate.

Respectfully submitted,

Emmet Bowens a/k/a Emmitt Bowens
Defendant, Pro Se

John E. Polk Correctional Facility
211 Eslinger Way

Sanford, FL 32773

Inmate ID #: 202500010733

CERTIFICATE OF SERVICE

| certify that a true and correct copy of this Motion to Dismiss Indictment for Violation
of the Speedy Trial Act was served upon the United States Attorney’s Office for the
Middle District of Florida by mailing or other authorized means on this \O_ day of

N\aych , 2026.
2 Px

Emmet Bowens
Defendant, Pro Se
Case 6:21-cr-00141-RBD-NWH Document 237 Filed 03/17/26 Page 3 of 3 PagelD 852

EXHIBIT INDEX

United States v. Bowens
Case No. 6:21-cr-00141-RBD-EJK

Exhibit A — Federal Court Docket History (2021-2026)

Exhibit B — Indictment and Charging Documents

Exhibit C ~ Defense Motions Filed in the Case

Exhibit D ~ Court Orders, Hearings, and Competency Proceedings

Exhibit E — Recent Filings and Proceedings (2025-2026)


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