222201P.pdf   03/28/2023  United States  v.  Roger Cooley
   U.S. Court of Appeals Case No:  22-2201
   U.S. District Court for the District of North Dakota - Eastern   
   [PUBLISHED] [Benton, Author, with Colloton and Kelly, Circuit Judges] 
   Criminal case - Criminal law. The district court did not abuse its 
   discretion by denying defendant's request for an evidentiary hearing on 
   his motion to dismiss for a violation of his Sixth Amendment right to a 
   speedy trial; while the 28-month delay between the indictment and the 
   motion to dismiss is presumptively prejudicial, a consideration of the 
   factors set out in Barker v. Wingo, 470 U.S. 514 (1972) leads to the 
   conclusion that the district court did not err in denying the motion to 
   dismiss as the delay was not of such length as to eliminate the need to 
   show particularized prejudice; as there was no evidence that the delay 
   impeded defendant's defense or threatened to deprive him of a fair trial, 
   there was no Sixth Amendment violation.