· 5/11/1993
United States v. Walter Donald Beamon, Jr., United States of America v. Jeffrey John McMillin
Citations
- 992 F.2d 1009
- 93 Daily Journal DAR 5924
- 93 Cal. Daily Op. Serv. 3422
- 1993 U.S. App. LEXIS 10559
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that when assessing defendants’ speedy trial claims, courts consider “whether . . . the criminal defendant is more to blame for that delay”
- finding that delays of 17 or 20 months were close to the one year benchmark that triggers a Barker inquiry and were not “great”
- noting that the Second Circuit in United States v. Vassell, 970 F.2d 1162, 1164 (2d Cir. 1992) found a general consensus that a delay of 8 months is presumptively prejudicial
- noting that the seventeen-month and twenty-month delays in that case were only five 23 to eight months longer than the one-year benchmark that triggers the speedy trial inquiry under 1 Barker
- determining a 17- and 20-month delay for two defendants coupled with \the government's negligence\ did not favor the defendants
- length of delay must be examined in light of degree of diligence by the government
Source: CourtListener parenthetical corpus (CC0).
Judges: Tang, Poole, Rymer
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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