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JACKSON v. RAY

No. 03-6053.

390 F.3d 1254 (2004)

Michael Shane JACKSON, Petitioner-Appellant, v. Charles RAY, Warden, Davis Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

December 6, 2004.

Attorney(s) appearing for the Case

W.A. Drew Edmondson, Attorney General of Oklahoma, Preston Saul Draper, Assistant Attorney General, Oklahoma City, OK, for the Respondent-Appellee.

Thomas D. McCormick, Oklahoma City, OK, for the Petitioner-Appellant.

Before TACHA, Chief Circuit Judge, BRISCOE, Circuit Judge, and LUNGSTRUM, Chief District Judge.

TACHA, Chief Circuit Judge.

Petitioner-Appellant Michael Shane Jackson filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, alleging that a four and one-third-year delay between the filing of the information against him and his trial violated his Sixth Amendment right to a speedy trial. The District Court denied Mr. Jackson's petition for failing to establish prejudice. We take jurisdiction under 28 U.S.C. § 1291 and AFFIRM.

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