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· 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 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.