The following excerpt is from U.S. v. Manning, 56 F.3d 1188 (9th Cir. 1995):
The most important element is whether the defendant has demonstrated that he has suffered actual, nonspeculative prejudice as a result of the delay. Id. In our analysis, "[w]e determine first whether a defendant suffers actual prejudice" and if so "we balance the length of the delay with the reasons for it" to determine if a due process violation occurred. Butz, 982 F.2d at 1380. Proof of prejudice must "be definite and not speculative. Courts apply the actual prejudice test stringently." Id. (citations omitted). The burden on Manning to prove actual prejudice is a heavy one. United States v. Sherlock, 962 F.2d 1349, 1354 (9th Cir.1989), cert. denied, --- U.S. ----, 113 S.Ct. 419, 121 L.Ed.2d 342 (1992). If Manning fails to demonstrate actual prejudice, our inquiry ends. Butz, 982 F.2d at 1380.
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