Brown

Since our decision in Carden v. Montana, the rule of this circuit has been that, absent specifically defined extraordinary circumstances, principles of federalism and comity prohibit a federal district court from entertaining a pre-conviction habeas petition that raises a Speedy Trial claim as an affirmative defense to state prosecution. 626 F.2d 82, 83 (9th Cir.1980). This appeal presents the question whether McNeely v. Blanas, 336 F.3d 822 (9th Cir.2003), altered that rule. We hold that it did not.

I

Appellant Nerrah Brown was arrested and charged with robbery in the State of California in March of 2007. Since the date of Brown’s arrest, the state has filed additional charges against him and held two preliminary hearings in his consolidated criminal case. The state has also begun initial trial proceedings, but for various reasons it still has not tried Brown as of the date of this appeal.

At one of his preliminary hearings and in separate petitions before the California courts, Brown sought dismissal of the charges against him based on the claim that the state had violated his rights under the Speedy Trial Clause of the United States Constitution. The state courts…