United States Ninth Circuit

In a case asserting violation of the right to a speedy trial under the Sixth Amendment and the Speedy Trial Act, conviction is affirmed where: 1) the length of trial delay was two years; 2) defendant-s filings caused much of the delay; 3) defendant three times asserted the right to speedy trial but four times expressly waived it; 4) defendant did not prove he was prejudiced; and 5) the time period required for trial in federal court was tolled under Speedy Trial Act section 3161(h)(1) by local Guam pre-trial proceedings.

Appellate Information

• Argued 11/01/2007
• Decided 09/15/2008
• Published 09/15/2008

Judges

• O'SCANNLAIN, Circuit Judge:, Before:  DIARMUID F. O'SCANNLAIN, A. WALLACE TASHIMA, and MILAN D. SMITH, JR., Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Gretchen Fusilier, Carlsbad, CA, argued the cause for the defendant-appellant and filed the briefs., Rosetta L. San Nicolas, Assistant U.S. Attorney, Guam, argued the cause for the plaintiff-appellee and filed the brief;  Leonardo M. Rapadas, Guam and NMI, was on the brief.