Vasquez

MEMORANDUM AND ORDER RE: MOTION TO DISMISS INDICTMENT

Defendant Nelson Mauricio Ponce Vasquez (“defendant”) is charged with one count of distribution of at least fifty grams of methamphetamine in violation of 21 U.S.C. § 841 (a)(1). (Docket No. 1.) Presently before the court is defendant’s motion to dismiss the Indictment for violation of his Sixth Amendment right to a speedy trial.

The federal grand jury returned the Indictment in this case on March 3, 2011, and it was unsealed on April 13, 2011. (Docket Nos. 1, 10.) Defendant was not arrested, however, until June 18, 2013, when he attempted to travel from Oakland to Mexico. Defendant contends that the passage of twenty-six months between the time he was indicted and his arrest prejudiced his defense in violation of his Sixth Amendment right to a speedy trial and therefore mandates dismissal of the Indictment.

“ ‘The Sixth Amendment guarantees that in all criminal prosecutions the accused shall enjoy the right to a speedy trial.’ ” United States v. Beamon, 992 F.2d 1009, 1012 (9th Cir.1993) (quoting Doggett v. United States, 505 U.S. 647, 651 , 112 S.Ct. 2686 , 120 L.Ed.2d 520 (1992)). Speedy trial challenges are assessed…