Telink, Inc. Burnup & Sims, Inc. v. United States of America, County of Fresno, County of San Diego, Intervenors-Appellees

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that but-for the petitioner’s five-year delay, the government would have preserved its case, allowing reprosecution, if necessary, to occur earlier
• observing that “[i]n making a determination of prejudice, the effect of the delay on both the government’s ability to respond to the petition and the government’s ability to mount a retrial are relevant”
• reviewing for abuse of discretion, but noting an intracircuit conflict between the abuse of discretion and clearly erroneous standards
• reviewing for abuse of discretion, but noting an intracircuit conflict between the abuse of discretion and clearly erroneous standards
• “If [the defendants] prevail in setting aside their convictions, the wrongly paid fines would be automatically refunded, without requiring a civil action . . . .”
• “But for [Lugo’s] delay, -the government would have preserved its case, [and] reproseeution (if necessary) would have occurred earlier ... ”

Source: CourtListener parenthetical corpus (CC0).