Gonzalez-Avina

MEMORANDUM *

Jesus Gonzalez-Avina (“Gonzalez”) appeals his conviction for the offense of being a deported alien found after illegally entering the United States under 8 U.S.C. § 1326 . Gonzalez contends that his Sixth Amendment right to a speedy trial was violated because the government did not try him until twenty-three months after a criminal complaint was first filed against him in federal court. During that period, Gonzalez was incarcerated in a California state prison on an unrelated state conviction. According to Gonzalez, the district court erred in denying his motion to dismiss the indictment because, contrary to the district court’s conclusion, he was in fact prejudiced by the pretrial delay. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

We review de novo the district court’s resolution of a claim under the Sixth Amendment’s Speedy Trial Clause, but we will not overturn the district court’s subsidiary factual findings unless they are clearly erroneous. United States v. Gregory, 322 F.3d 1157, 1160 (9th Cir.2003).

As a preliminary matter, the parties dispute whether the filing of a federal complaint suffices to trigger the speedy trial clock. We…