United States v. Maria Martinez-Alcala

MEMORANDUM

Appellant Maria Guadalupe Martinez-Alcala appeals her conviction for illegal reentry after deportation in violation of 8 U.S.C. § 1326 , contending that the district court erred in denying her motion to dismiss her indictment for violating her Sixth Amendment speedy trial right. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

We review a district court’s decision on a Sixth Amendment speedy trial claim de novo and it’s factual findings for clear error. United States v. Mendoza, 530 F.3d 758, 762 (9th Cir.2008). We decide speedy trial challenges under a four-factor test set forth in Barker v. Wingo, 407 U.S. 514 , 92 S.Ct. 2182 , 33 L.Ed.2d 101 (1972). Those four factors are: “whether delay before trial was uncommonly long, whether the government or the criminal defendant is more to blame for that delay, whether, in due course, the defendant asserted his right to a speedy trial, and whether he suffered prejudice as the delay’s result.” Doggett v. United States, 505 U.S. 647, 651 , 112 S.Ct. 2686 , 120 L.Ed.2d 520 (1992) (citing Barker, 407 U.S. at 530 , 92 S.Ct. 2182 ). These factors are “related ... and must be considered together with such other-…