balancing process.’ ” Id. (quoting Barker, 407 U.S. at 533, 92 S.Ct. 2182). 1. The length of delay “is in effect a threshold question: ‘by definition, [a defendant] cannot complain that the government has denied him a ‘speedy’ trial if it has, in fact, prosecuted his case with customary promptness.’ ” Id. (quoting Doggett v. United States, 505 U.S. 647, 652, 112 S.Ct. 2686, 120 L.Ed.2d 520 (1992)). Guerrero cites the nearly 29-month delay between his Indictment and the commencement of his trial. However, given the nature of this conspiracy prosecution, with multiple defendants, allegations spanning multiple years and states, and voluminous discovery, including thousands of intercepted phone calls (many in Spanish), the delay here weighs only modestly in Guerrero’s favor. Cf. id. (<HOLDING>). 2.As Guerrero concedes, “the reason for the
holding that a 22month delay was particularly understandable and largely neutral with respect to the first barker factor given the presence of multiple defendants the large number of allegations and the complexity of the charges and evidence holding that representation by counsel until the first day of trial likely exposed the defndant to the complexity of his case and the legal process holding that waiver by attorney was binding upon the accused when before the state introduced the evidence complained of on appeal counsel for the state in the presence of the accused and his counsel stated the agreement and the evidence of the witness was then read to the jury in the presence of the accused and his counsel without objection holding that courts should consider a number of factors including the type and complexity of the case and whether the indigent is capable of adequately presenting the case holding that one minute delay between the initial stop of the defendant and the officers question regarding whether the defendant had any illegal substances and his request to search the defendants car was sufficiently contemporaneous with the issuance of the citation such that there was no appreciable delay and certainly no unreasonable delay