David Lazaro Oliva’s appeal dealt mainly with a Speedy Trial issue. After an investigation into two large scale burglaries that took place in October and November of 2011, revealed the burglaries were committed by Oliva and Rafael Uranga, they were indicted in November 2013 with conspiracy to commit interstate transportation of stolen property. They were not arrested until October 2015, some twenty-three months later. They moved to dismiss their indictment based on a Sixth Amendment speedy trial violation. The United States Magistrate found that the delay between the indictment and the arrest was the result of the Government’s gross negligence but ultimately recommended that the motions be denied. The District Court agreed and both plead guilty. In their appeal they raised the Speedy Trial issue.
The case was investigated by Michael Donnelly, a Gwinnett County Police Department officer serving as an FBI Task Force Officer assigned as the sole investigator in the case. After the indictment Donnelly was responsible for locating and arresting the two but he mistakenly believed the United States Marshals Service had this responsibility. In January of 2014 after no arrests happened he asked another task force officer to communicate with the Marshals. That officer found out that the Marshals do not handle the arrests, but he failed to communicate this to Donnelly. Donnelly still failed to ask about the FBI procedure or whether the Marshals would begin locating the defendants. Donnelly still did not know it was his responsibility and failed to communicate with the U.S. Attorney’s office about the issue during the two year period.