United States v. Denise D. Touchard

990 F.2d 1265 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Denise D. TOUCHARD, Defendant-Appellant. No. 92-50478. United States Court of Appeals, Ninth Circuit. Submitted March 23, 1993. * Decided April 6, 1993. Before WALLACE, Chief Judge, and FARRIS and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Denise Touchard appeals her conviction, by conditional guilty plea, for conspiracy to possess with intent to distribute cocaine base in violation of 21 U.S.C. §§ 846 , 841(a)(1) (1988). Touchard argues that the 53-month delay between her indictment and arrest violated her Sixth Amendment right to a speedy trial. We have jurisdiction pursuant to 28 U.S.C. § 1291 (1988). We affirm. 3 The Sixth Amendment provides that, "[i]n all criminal prosecutions, the accused shall enjoy the right to a speedy ... trial...." In evaluating a claim of excessive post-indictment delay under this provision, we balance four factors:…