United States v. Xue Cheng Dong

MEMORANDUM

Xue Cheng Dong appeals his conviction, pursuant to a conditional guilty plea, for conspiracy in violation of 18 U.S.C. § 371 . Dong reserved the right to appeal the denial of his motion to dismiss for post-indictment delay in violation of his Sixth Amendment right to a speedy trial. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

We review Sixth Amendment speedy trial claims de novo and factual findings for clear error. United States v. Corona-Verbera, 509 F.3d 1105, 1114 (9th Cir.2007). We evaluate such claims under the four-part inquiry announced by the Supreme Court in Barker v. Wingo, 407 U.S. 514 , 92 S.Ct. 2182 , 33 L.Ed.2d 101 (1972). Under the Barker test, we balance (1) the length of the delay; (2) the reason for the delay; (3) the defendant’s assertion of his right to a speedy trial; and (4) the prejudice to the defendant. Id. at 530 , 92 S.Ct. 2182 . None of these four factors, however, is “either a necessary or sufficient condition to the finding of a deprivation of the right of speedy trial.” Id. at 533 , 92 S.Ct. 2182 . Rather, we must consider them “together with such other circumstances as may be relevant” and “engage in a difficult and…