Page

Page v. Lockyer

Good Law
200 F. App'x 727
United States Court of Appeals for the Ninth CircuitSeptember 7, 2006No. 05-16459California818 words

Opinion

Lead Opinion

MEMORANDUM *

Sammy L. Page is civilly committed to a state mental health facility under California’s Sexually Violent Predators Act (“SVPA”). See Cal. Welf. & Inst.Code §§ 6600-6609.3. He appeals the district court’s denial of his 28 U.S.C. § 2241 habeas corpus petition seeking unconditional release on the ground that he was detained for approximately six years before being brought to trial on the SVPA charge, in violation of his Sixth Amendment right to a speedy trial. We review de novo the district court’s denial of Page’s habeas petition, but review the court’s findings of fact for clear error. McNeely v. Blanas, 336 F.3d 822, 826 (9th Cir.2003). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm the district court.

The Supreme Court has articulated a four-part balancing test to determine whether governmental delay has deprived *728 an individual of his right to a speedy trial. Id. (citing Barker v. Wingo, 407 U.S. 514, 530 , 92 S.Ct. 2182 , 33 L.Ed.2d 101 (1972)). The four factors are: (1) the length of the delay; (2) the reasons for the delay; (3) the defendant’s assertion of the right to speedy trial; and (4) the prejudice caused by the delay. Id. None of the…

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