Today the Second Circuit ordered that a defendant’s indictment be dismissed with prejudice because his 6th Amendment speedy trial right was violated. The opinion in United States v. Tigano, 15-3073 (2d Cir. 2018) (Winter, Walker, Pooler), available here, is a case study in “poor trial management,” slip op at 5, and the improper use of competency hearings. (Like … Read more
Sentencing Resource Counsel Ada (“Sissy”) Phleger has the details, including as to the practical relevance of the case: On Monday, the Supreme Court granted-vacated-and-remanded a case involving the Speedy Trial Act, White v. United States (17-270), in light of the Solicitor General’s confession of error. While the Government’s confession blocked merits review in Mr. White’s … Read more
Today the Second Circuit upheld the dismissal with prejudice of two drug-related counts on constitutional speedy trial grounds. In U.S. v. Pennick, the government appealed a Western District judge’s order dismissing these counts after a six-and-a-half year delay between when the defendant was charged and when his trial began. Reviewing for abuse of discretion, the Circuit … Read more
United States v. Ray, No. 08-2795-cr (2d Cir. August 27, 2009)(Leval, Cabranes, Livingstone, CJJ) In this decision, the court holds that an unexplained and prejudicial fifteen-year delay in imposing sentence amounted to a Fifth-Amendment due process violation, but did not violate the Sixth Amendment right to a speedy trial. Background In 1991, Ray pled guilty … Read more
United States v. Lucky, No. 08-1939-cr (2d Cir. June 19, 2009) (Calabaresi, Katzmann, CJJ, Eaton, J CIT) Damon Lucky appealed the denial of his Speedy Trial Act (STA) dismissal motion. The circuit, finding only 69 days of nonexcluded time, one short of the magic number, affirmed. Lucky’s argument was that there was no proper STA … Read more
United States v. Oberoi, No. 04-4545-cr (2d Cir. October 23, 2008) (Jacobs, Kearse, Katzmann, CJJ) Tejbir Oberoi, proceeding pro se, claimed on appeal that he was denied a speedy trial. He lost the case, but it took the circuit about fifty pages to sort things out. Background Oberoi was a dentist who defrauded insurance companies … Read more
United States v. Guevara-Umana, No. 07-1410-cr (2d Cir. August 15, 2008) (Leval, Calabresi, Pooler, CJJ) (per curiam) Guevara was deported in 1999. By 2004, he was back; on February 21, 2004, he was charged with grand larceny in New York State. That same day, ICE filed an immigration detainer. On March 4, 2004, ICE filed … Read more
Parisi v. United States, No. 06-1148-pr (2d Cir. June 13, 2008) (Winter, Hall, CJJ, Oberdorfer, DJ) In this 2255 appeal, the defendant unsuccessfully argued that his counsel was constitutionally ineffective for failing to move for dismissal based on a Speedy Trial Act violation. Facts In 2001, Parisi was charged, in a complaint, with child pornography-related … Read more
United States v. Abad, No. 06-0338-cr (2d Cir. January 30, 2008) (Jacobs, Parker, Wesley, CJJ) (per curiam) Here, the court holds that a failure to make a claim under the Speedy Trial Act in the district court results in a waiver of the issue on appeal. Thus, an unpreserved statutory speedy trial claim cannot be … Read more