United States v. Jose Sandoval

Appellant Jose Sandoval appeals his conviction for concealment and sale of narcotics in violation of 21 U.S.C. § 174 (repealed 1971). The primary question before us is whether Sandoval’s right to a speedy trial under the Sixth Amendment has been violated. Sandoval was arrested for selling heroin and cocaine to undercover federal agents on September 10, 1970. Released on $15,000 bond shortly after his arrest, Sandoval was indicted by a federal grand jury on September 30, 1970. He did not appear in court for arraignment on October 26, 1970, and remained at large for almost twenty-one years, until his arrest on April 19,1991. He was arraigned on the original indictment shortly thereafter, and convicted on all counts following a jury trial.

I. Discussion

A. Sixth Amendment speedy trial claim.

Sandoval claims that the lengthy gap between his arrest and indictment in September 1970 and his trial in June 1991 violated his right to a speedy trial. The Sixth Amendment provides that “[i]n all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial.” U.S. Const. amend. VI. We review Sandoval’s Sixth Amendment speedy trial claim de novo. United States v.…