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081855P.pdf   03/23/2009  United States  v.  Luis Erenas-Luna
   U.S. Court of Appeals Case No:  08-1855
   District of Nebraska - Lincoln   
   [PUBLISHED] [Melloy, Author, with Bright and Riley, Circuit Judges]
   Criminal case - criminal law. In applying the test set out in Barker v.
   Wingo, 407 U.S. 514 (1972), for post-indictment delay, the district court
   erred in failing to apply a presumption in defendant's favor when it
   analyzed the fourth factor of the test - whether defendant suffered any
   prejudice as a result of the delay - and the case must be remanded for
   further consideration; on remand, the district court should apply an
   appropriate presumption in defendant's favor and allow the government
   an opportunity to rebut the remand; if the government cannot do so, the
   Barker factors weigh in defendant's favor, and dismissal will be required.