Miguel Garcia Montalvo v. United States

Plaintiff-appellant Miguel Garcia Montal-vo appeals from Judge Nickerson’s order denying his motion under 28 U.S.C. § 2255 (1982). Garcia’s appeal raises two claims: (i) his 1982 conviction for conspiracy to possess with intent to distribute cocaine should be vacated because it violated his sixth amendment right to a speedy trial; and (ii) the district court erred by dismissing his Section 2255 motion without conducting a hearing. We affirm.

Under Barker v. Wingo, 407 U.S. 514, 92 S.Ct. 2182, 33 L.Ed.2d 107 (1972), the following factors must be considered in determining whether a defendant’s…