What is the test for plain error in a motion to dismiss a criminal charge?

Vernon asserts that delaying his trial for eight months and fifteen days following indictment violated his Sixth Amendment right to a speedy trial. We disagree. Vernon failed to move to dismiss the indictment on speedy trial grounds in the trial court. We therefore review his speedy trial claim for plain error. United States v. Olano, 507 U.S. 725, 731-37 (1993); United States v. Abad, 514 F.3d 271, 274 (2d Cir. 2008) (per curiam). There was no error, much less plain error.

We consider four factors when evaluating a potential constitutional violation of a defendant's speedy trial right: (1) the length of delay; (2) the reason for the delay; (3) the defendant's assertion of his right, and (4) the prejudice to the defendant. United States v. Moreno, 789 F.3d 72, 78 (2d Cir. 2015) (citing Barker v. Wingo, 407 U.S. 514, 530 (1972)).