Is there a likelihood of irreparable irreparable misidentification?

Such factors indicate that the likelihood of irreparable misidentification was very low in this case and that the conviction should stand because of the reliability of the in-court identification. Neil v. Biggers, 409 U.S. 188, 93 S.Ct. 375, 34 L.Ed.2d 401 (1972).

Appellant relies on Barker v. Wingo, 407 U.S. 514, 92 S.Ct. 2182, 33 L.Ed.2d 101 (1972), in support of his contention that appellant was denied a speedy trial. A claim that a defendant has been denied his right to a speedy trial is subject to a balancing test, in which the conduct of both the prosecution and the defendant are weighed. Courts should consider such factors as length of the delay, reason for the delay, the defendant's assertion or non-assertion of his right, and prejudice to the defendant resulting from the delay, in determining whether a defendant's right to a speedy trial has been denied. Barker v. Wingo, supra. This case involves a delay of fifteen days. These facts do not fall within Barker. On balance, the fifteen day delay was not lengthy nor were the reasons for the delay primarily with the Government. The appellant was not denied his Sixth Amendment right to a speedy trial.