United States v. Gerardo Rios-Orozco

MEMORANDUM

Gerardo Rios-Orozco appeals his conviction and sentence for being a removed alien found in the United States (No. 11-30183). 8 U.S.C. § 1326 . He also appeals the judgment revoking his supervised release and the sentence for that revocation (No. 11-30182). We affirm.

(1) Rios first contends that the indictment for being found in the United States should have been dismissed due to a violation of the speedy trial guarantee of the Sixth Amendment. See U.S. Const, amend. VI. We disagree. The delay was sufficient to require application of the four-factor balancing test. See Barker v. Wingo, 407 U.S. 514, 530-34 , 92 S.Ct. 2182, 2192-94 , 33 L.Ed.2d 101 (1972); United States v. Mendoza, 530 F.3d 758, 762 (9th Cir.2008). However, the delay was not excessive and was due to mere negligence on the part of the government, and the evidence does not show that his defense was impaired by the delay. On balance, his constitutional right to a speedy trial was not violated. See Guerrero, 756 F.2d at 1350; United States v. Holm, 550 F.2d 568, 569 (9th Cir.1977) (per curiam); Simmons, 536 F.2d at 832.

(2) Rios next asserts that the district court erred when it precluded him from…