Drake

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 06-10073 Plaintiff-Appellee, v.  D.C. No.

CR-05-00050-DWM

JOSEPH F. DRAKE,

OPINION

Defendant-Appellant.  Appeal from the District Court Guam Donald W. Molloy, District Judge, Presiding

Argued and Submitted November 1, 2007—Honolulu, Hawaii

Filed September 15, 2008

Before: Diarmuid F. O’Scannlain, A. Wallace Tashima, and Milan D. Smith, Jr., Circuit Judges.

Opinion by Judge O’Scannlain

12825 12828 UNITED STATES v. DRAKE

COUNSEL

Gretchen Fusilier, Carlsbad, California, 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. UNITED STATES v. DRAKE 12829

OPINION

O’SCANNLAIN, Circuit Judge:

We must decide whether a two-year delay between indict- ment in the local Guam courts and eventual conviction on dif- ferent charges in federal district court violated a defendant’s right to a speedy trial.

I

A

In the early…