U.S. v. OSPINA

No. 98-566-CR.

485 F.Supp.2d 1357 (2007)

UNITED STATES of America, v. Victor Manuel OSPINA, Defendant.

United States District Court, S.D. Florida.

May 1, 2007.


Attorney(s) appearing for the Case

David A. Haimes, United States Attorney's Office H.I.D.T.A., Miami, FL, for Plaintiff.

Louis Casuso, Miami, FL, for Defendant.


ORDER GRANTING DEFENDANT'S MOTION TO DISMISS

MORENO, District Judge.

Defendant Victor Manuel Ospina moves this Court to dismiss the indictment on the grounds that the eight year delay between indictment and arrest deprived him of his Sixth Amendment right to a speedy trial. Because the Defendant here does not have to show actual prejudice from the delay to establish a Sixth Amendment speedy trial violation, the case indictment is dismissed.

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