King

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 05-10629 Plaintiff-Appellee, v.  D.C. No.

CR-03-00215-WBS

DAVID R. KING,

OPINION

Defendant-Appellant.  Appeal from the United States District Court for the Eastern District of California William B. Shubb, Chief District Judge, Presiding

Argued and Submitted October 16, 2006—San Francisco, California

Filed April 18, 2007

Before: Robert R. Beezer, Diarmuid F. O’Scannlain, and Stephen S. Trott, Circuit Judges.

Opinion by Judge O’Scannlain COUNSEL

James R. Greiner, Sacramento, California, argued the cause for the defendant-appellant and filed a brief. 4382 UNITED STATES v. KING Michelle Rodriguez, Assistant U.S. Attorney, Sacramento, California, argued the cause for the plaintiff-appellee, and filed a brief. McGregor W. Scott, United States Attorney, was also on the brief.

OPINION

O’SCANNLAIN, Circuit Judge:

In this appeal, we must decide whether a criminal defen- dant’s right to a speedy trial under either the Speedy Trial Act or the Sixth Amendment was violated.

I

A

This case arises…