A delay of such length requires consideration of the remaining Barker factors. See United States v. James, 164 F. Supp. 2d 718, 733 (D. Md. 2001) (assuming 20-month delay "presumptively prejudicial" and considering remaining three Barker factors); Mills v. Shepherd, 445 F. Supp. 1231, 1235 (W.D.N.C. 1975) (finding "[20]-month pretrial delay . . . long enough to trigger serious inquiry into the remaining factors").
In addition to the decision in Holmes, opinions in several other cases in the district have referred to the Aberdeen Proving Ground, on which Edgewood Arsenal sits, as a federal enclave. See, e.g., U.S. v. James, 164 F. Supp. 2d 718, 719 (D. Md. 2001) ("[A]ppellant . . . was . . . on a federal enclave, viz., Aberdeen Proving Ground, Maryland."); U.S. v. Beckman, 3 F. Supp. 2d 654 (D. Md. 1998) ("Beckman was . . . approaching the entrance to Aberdeen Proving Ground, a federal enclave."); U.S. v. Sauls, 981 F. Supp. 909, n.2 (D. Md. 1997) (citing Holmes for the proposition that "[f]or the most part, jurisdiction at Aberdeen Proving Ground, Maryland, is under the exclusive legislative jurisdiction of the United States"). Plaintiffs are correct that determination of federal enclave status is a fact-intensive undertaking.
The Sixth Amendment guarantees that "in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial." This right exists independently of and is not coextensive with the Speedy Trial Act, 18 U.S.C. 3161. See, e.g., United States v. James, 164 F. Supp.2d 718, 732 (D. Md. 2001). Generally, the speedy trial right afforded by the Sixth Amendment attaches only after a formal arrest or indictment. Jones, 94 F.3d at 906 n. 6. As the Supreme Court has explained, this right does not apply to the period prior to arrest or official accusation: