When will the court deny a motion to dismiss the indictment under the Sixth Amendment?

The court will also deny defendant's motion to dismiss the indictment under her Sixth Amendment right to a speedy trial. In determining whether a defendant's constitutional speedy trial rights have been violated, the court looks at (1) the length of the delay; (2) the reason for the delay; (3) the defendant's assertion of the right to a speedy trial, and (4) the prejudice to the defendant. Barker v. Wingo, 407 U.S. 514, 530 (1972);

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United States v. Mendoza, 530 F.3d 758, 762 (9th Cir. 2008). These factors are related and must be considered together, as none of them are either necessary or sufficient individually to prove a violation of the Sixth Amendment's speedy trial right. Mendoza, 530 F.3d at 762 (citing Barker, 407 U.S. at 533).¹²