Ospina

United States v. Ospina

Good Law
317 F. App'x 684
United States Court of Appeals for the Ninth CircuitMarch 9, 2009No. 08-50461California412 words

Opinion

Lead Opinion

MEMORANDUM **

The government appeals the district court’s dismissal on speedy trial grounds of its indictment against Hernán Ospina for money laundering of drug trafficking proceeds and conspiracy to launder drug trafficking proceeds under 18 U.S.C. § 1956 . We affirm.

The outcome here is controlled by United States v. Mendoza, 530 F.3d 758 (9th Cir.2008) (applying the factors set out in Barker v. Wingo, 407 U.S. 514, 530-33 , 92 S.Ct. 2182 , 33 L.Ed.2d 101 (1972), to uphold dismissal when the government’s only attempt to apprehend the defendant was to post a warrant on a law enforcement database). Over twelve years passed between the return of the indictment against Ospina and Ospina’s appearance for trial; delay of this order of magnitude is presumptively prejudicial. Mendoza, 530 F.3d at 762 . During that time, the government entered Ospina’s information into a domestic law enforcement database but did nothing more. Cf. United States v. Corona-Verbera, 509 F.3d 1105, 1115 (9th Cir.2007) (finding no Sixth Amendment violation where the government entered defendant’s name in the National Crime Information Center database and the border computer system, and arranged for Unsolved…

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