Reynolds

*630 MEMORANDUM *

Defendant-Appellant Lartez Reynolds (a.k.a. Lartez Quarrels) appeals his conviction for conspiracy to possess and possession with intent to distribute cocaine, in violation of 21 U.S.C. §§ 841 and 846. Reynolds argues the district court erred in denying his motion to dismiss the indictment on speedy trial grounds where there was a delay of four years and eight months between the filing of the indictment and his arrest, during which time he had no knowledge of the indictment. Reynolds contends the district court’s primary error in ruling on his motion to dismiss was in requiring him to show actual prejudice from the delay, rather than concluding that the delay was presumptively prejudicial. We agree with Reynolds and therefore remand this case to the district court to allow the government the opportunity to rebut the presumption of prejudice.

In determining whether a criminal defendant’s Sixth Amendment right to a speedy trial has been violated by the government’s delay, courts apply the following four factors: “[1] whether delay before trial was uncommonly long, [2] whether the government or the criminal defendant is more to blame for that delay, [3] whether,…