United States v. Brian Brown

CLAY, Circuit Judge.

The government appeals from the district court’s order dismissing with prejudice an indictment against the defendant, Brian Brown, for conspiracy and attempted possession with intent to distribute cocaine on the grounds that the delay in prosecution violated his Sixth Amendment right to a speedy trial. The government contends that the criminal indictment against Brown should not have been dismissed on speedy trial grounds since most of the pretrial delay was caused by Brown’s prolonged efforts to avoid arrest, and because Brown cannot prove that he has been substantially…