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U.S. v. BATTIS

No. 08-2949.

589 F.3d 673 (2009)

UNITED STATES of America v. Germaine BATTIS, Appellant.

United States Court of Appeals, Third Circuit.

Filed December 14, 2009.

Attorney(s) appearing for the Case

Robert Epstein, Esq. [Argued] Brett G. Sweitzer, Esq., Defender Association of Philadelphia Federal Court Division, West Philadelphia, PA, for Appellant.

Bernadette A. McKeon, Esq. [Argued] Mark S. Miller, Esq., Office of the United States Attorney Philadelphia, PA, for Appellee.

Before RENDELL and AMBRO, Circuit Judges, and McVERRY, District Judge.

OPINION OF THE COURT

RENDELL, Circuit Judge.

The Sixth Amendment to the Constitution states that, "[i]n all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial." Germaine Battis urges that this right was violated when forty-five months elapsed between his indictment and trial. The District Court reasoned through the four-factor test established by the Supreme Court in Barker v. Wingo, 407 U.S. 514<...

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