United States v. Fernando Garibay-Bravo
Opinion
Opinion
967 F.2d 593 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Fernando GARIBAY-BRAVO, Defendant-Appellant. No. 90-50116. United States Court of Appeals, Ninth Circuit. Submitted July 8, 1992. * Decided July 10, 1992. Before POOLE, BEEZER and KOZINSKI, Circuit Judges. 1 MEMORANDUM ** 2 Fernando Garibay-Bravo appeals from his conviction, following a bench trial, for prison escape in violation of 18 U.S.C. § 751 . Garibay-Bravo contends that the district court erred by denying his motion to dismiss the indictment because the delay between his arrest and the filing of the indictment, and the delay between the indictment and his initial trial date, taken together, violated his right to a speedy trial under the Sixth Amendment. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. Background 3 On November 4, 1971, Garibay-Bravo began serving a three year term of imprisonment for controlled substance violations. On…