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· 3/11/2003

United States v. Miguel Doningo Gregory

Citations

  • 322 F.3d 1157
  • 2003 Cal. Daily Op. Serv. 2188
  • 2003 Daily Journal DAR 2812
  • 2003 U.S. App. LEXIS 4179
  • 2003 WL 943586

How courts have described this case

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

  • holding that 22-month delay was not sufficiently long to excuse the defendant from demonstrating actual prejudice
  • holding that a 22-month delay attributable to government negligence “is not long enough to excuse [the defendant] from demonstrating actual prejudice to prevail on his claim”
  • holding that an individual asserting a 5 due process violation based on a 22-month delay attributable to the government’s 6 negligence was not excused from showing actual prejudice
  • holding that a 22-month delay did not excuse the defendant from demonstrating actual prejudice
  • holding that “[t]he prejudice with which we are concerned is prejudice caused by the delay that triggered the Barker inquiry, not simply any prejudice that may have occurred before the trial date but unrelated to the fact of the delay itself”
  • recognizing a “general consensus” among the circuits that “eight months constitutes the threshold minimum”

Source: CourtListener parenthetical corpus (CC0).

Judges: Alarcon, Fisher, Schroeder

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.