161696P.pdf   02/02/2017  United States  v.  Robin Sims
   U.S. Court of Appeals Case No:  16-1696
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Kelly, Author, with Riley, Chief Judge, and Kelly Circuit 
   Judge] 
   Criminal case - Criminal law. Delay created by the government's 
   unsuccessful interlocutory appeal of an exclusion order - see United 
   States v. Sims, 776 F.3d 583 (8th Cir. 2015) - did not create a violation 
   of defendant's Sixth Amendment right to a speedy trial; the delay caused 
   by an interlocutory appeal can be the basis for a Sixth Amendment speedy 
   trial claim; even though the government's dilatory conduct in providing 
   information caused the ruling which gave rise to the interlocutory appeal, 
   the interlocutory appeal, itself, was legitimate and was pursued within a 
   reasonable timeframe; further, while defendant did meet the third 
   requirement for a successful speedy trial claim - assertion of the right - 
   defendant failed to show any particularized prejudice resulting from the 
   delay, and the district court did not err in denying the claim.