United States v. Danylo

BAKER, Chief Judge,

with whom ERDMANN, Judge, joins (dissenting):

I would reverse this case. In my view, all four Barker v. Wingo factors favor Appellant. Barker v. Wingo, 407 U.S. 514, 530, 92 S.Ct. 2182, 33 L.Ed.2d 101 (1972). The second and fourth factors do not weigh heavily in his favor, but they weigh in his favor nonetheless. Thus, if Barker v. Wingo is the test for a Sixth Amendment speedy trial claim, and all four factors weigh in favor of Appellant, I do not see how or why he should not prevail on the underlying Sixth Amendment claim. Therefore, I respectfully dis- _ sent.

Discussion

The…