· 10/29/2014
United States v. Margheim
Citations
- 770 F.3d 1312
- 2014 U.S. App. LEXIS 20715
- 2014 WL 5462332
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that a 23-month delay was presumptively prejudicial, thereby triggering an analysis under the Barker factors
- noting that defendant requested a 120-day continuance while the government only requested a 37- day continuance, and concluding that “[f|rom a strictly numerical perspective, it is impossible to conclude that the second Barker factor is a victory for [the defendant]”
- noting “the frequency and force of [defendant’s] objections” in weighing the strength of defendant’s assertion of his speedy-trial right (cleaned up)
- upholding the district court’s prejudice ruling on the more important impairment-of-defense prejudice factor
- counting 356 days between May 24, 2011, and May 15, 2012
- “Moving for many 9 continuances, or otherwise indicating that the defendant is not pursuing a swift 10 resolution of his case will tip the balance of this factor heavily against the 11 defendant.” (text only) (citation omitted)
Source: CourtListener parenthetical corpus (CC0).
Judges: Tymkovich, O'Brien, Holmes
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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