United States Eighth Circuit

Conviction for conspiracy to distribute methamphetamine is vacated where under the Barker test for post-indictment delay, the district court erred in failing to apply a presumption in defendant's favor when it analyzed whether defendant suffered any prejudice as a result of the delay. On remand, the district court is directed to apply the appropriate presumption in defendant's favor and allow the government an opportunity to rebut.

Appellate Information

• Decided 03/23/2009
• Published 03/23/2009

Judges

• MELLOY, Circuit Judge., Before RILEY, BRIGHT, and MELLOY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Michael David Gooch, argued, Omaha, NE, for Appellant.


• For Appellees:
  
• Lynnett Wagner, AUSA, argued, Lincoln, NE, for Appellee.