Amburn

MEMORANDUM **

Amburn, a state prisoner, appeals the denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2254 . He contends that the district court erred in finding his speedy trial claim procedurally barred and in concluding that his ineffective assistance of counsel claim was without merit. We affirm.

1. Procedural Bar

Respondents (the State) concede that the district court erred in finding that Amburn’s speedy trial claim was procedurally barred. Therefore, we proceed to the merits of Amburn’s claim that the state trial court erred in rejecting his speedy trial claim.

2. Speedy Trial

Amburn was charged with robbery in Merced County, California, in November, 1996. The robbery was committed in September 1994. A motion to dismiss for violation of Ambum’s speedy trial rights was denied and Amburn was thereafter convicted. He eventually filed a federal habeas petition. He contends that preindictment delay resulted in a violation of his due process rights. To prevail on such a claim, Amburn must show that he suffered actual, non-speculative prejudice and that the length of the delay, when balanced against the prosecution’s reasons for the delay, “offends ...…