In defendant's challenge to his conviction for attempted homicide and related offenses arising from a fight at a bar, judgment of the district court in concluding that there was no constitutional violation is reversed with instructions to dismiss the indictment and vacate the conviction as defendant's right to a speedy trial was violated as, the fourth Barker factor weighs against the Government as prejudice will be presumed when there is a forty-five month delay in bringing a defendant to trial.
On Appeal from the United States District Court for the Eastern District of Pennsylvania
Opinion Filed December 14, 2009
Opinion by Circuit Judge Rendell
For Appellant: Robert Epstein, Brett G. Sweitzer, Defender Association of Philadelphia, Federal Court Division
For Appellee: Bernadette A. McKeon, Mark S. Miller, Office of the United States Attorney