Law
Law v. Alameida
Opinion
Lead Opinion
MEMORANDUM **
California state prisoner Steve Law appeals pro se the district court’s denial of his 28 U.S.C. § 2254 habeas corpus petition. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.
We review the district court’s decision to deny a 28 U.S.C. § 2254 habeas petition de novo. Lockhart v. Terhune, 250 F.3d 1223, 1228-29 (9th Cir.2001). We *920 may grant habeas relief, however, only if the constitutional error resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court. 28 U.S.C. § 2254 (d); Lockhart, 250 F.3d at 1228-29 .
Law was arrested on January 20, 1997, for a robbery offense that occurred on November 4, 1991. The underlying complaint was filed on February 24, 1992. Law contends that the 58-month delay between the time the complaint was filed and his arrest violated his speedy trial rights under the Sixth Amendment.
As both the state court and the district court correctly concluded, however, the right to a speedy trial is not triggered by a complaint, but rather by arrest or the filing of formal charges. United States v. Marion, 404 U.S. 307, 321 , 92…