United States v. Moreno, No. 14-1820 (2d Cir. 2015)
Annotate this CaseDefendant and others were charged with narcotics conspiracy. After the unsealing of the indictment, the others were promptly arrested but federal agents were unable to find defendant until his arrest during a traffic stop 27 months later. Defendant moved to dismiss the indictment with prejudice because the pre‐arrest delay violated his Sixth Amendment right to a speedy trial. The district court granted defendant's motion and the government appealed. The court concluded that the entire pre‐arrest delay cannot be attributed to the government’s negligence, and defendant did not adequately show prejudice. In this case, the court concluded that the district court misapplied the second and fourth Barker v. Wingo factors, and thereby abused its discretion in dismissing the indictment. Accordingly, the court reversed and remanded for reinstatement of the indictment.
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