United States v. Erenas-Luna

How courts have described this case

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

• holding that three-year delay between indictment and arraignment caused by serious government negligence supported presumption of prejudice under fourth Barker factor
• holding, where defendant was unaware of his indictment until his arrest, that “the third Barker factor had no application”
• remanding a case for application of presumptive prejudice where “serious negligence of the government” resulted in “a three-year delay between [defendant’s] indictment and arraignment”
• “[W]e have not held that a bright line exists for presuming prejudice for speedy-trial claims, and we refuse to do so here.”
• “As to actual prejudice, we agree with the district court that [petitioner’s] vague claims regarding witness memory loss and lost opportunities to cooperate with the government are insufficient, without more, to satisfy his burden.”
• “As to actual prejudice, we agree with the district court that 16 [petitioner’s] vague claims regarding witness memory loss and lost opportunities to cooperate with the government are insufficient, without more, to satisfy his burden.”

Source: CourtListener parenthetical corpus (CC0).