United States v. Gregory Sperow
Opinion
Opinion
MEMORANDUM
Defendant Gregory Sperow appeals his conviction, pursuant to a guilty plea, for conspiracy to distribute controlled substances and conspiracy to launder money. Sperow reserved the right to appeal the denial of his motion to dismiss the indictment for preindictment delay in violation of the Fifth Amendment and postin-dictment delay in violation of the Sixth Amendment and the Speedy Trial Act. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm on all issues.
Sperow argues the government violated the Fifth Amendment because it delayed issuing the indictment for more than two years after he was arrested in 2004.
“The Fifth Amendment guarantees that defendants will not be denied due process as a result of excessive preindictment delay.” United States v. Gilbert, 266 F.3d 1180, 1187 (9th Cir.2001) (citing United States v. Sherlock, 962 F.2d 1349, 1353 (9th Cir.1992)). The Fifth Amendment plays a limited role in protecting against oppressive preindictment delay because statutes of limitations provide a predictable, legislatively enacted limitation on prosecutorial delay. United States v. Lovasco, 431 U.S. 783, 788-789 , 97 S.Ct. 2044 , 52 L.Ed.2d 752 (1977).