US v. Ray, No. 08-2795 - U.S. Second Circuit
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US v. Ray, No. 08-2795

In an appeal from an order sentencing defendant, after a fifteen-year delay, to a one-day term of imprisonment and three years of supervised release with a special condition that she serve six months in a halfway house, the order is vacated where: 1) the Speedy Trial Clause of the Sixth Amendment, which governs the timing of trials, does not apply to sentencing proceedings; but 2) for purposes of a Due Process claim, the delay in the imposition of sentence was not justified by any legitimate reason and caused defendant prejudice insofar as the custodial portion of it threatened to undermine her successful rehabilitation.

Read US v. Ray, No. 08-2795

Appellate Information

Argued: January 14, 2009

Decided: August 27, 2009

Judges

Opinion by Judge Cabranes

Counsel

For Appellant:

Yuanchung Lee, Appeals Bureau, Federal Defenders of New York, Inc., New York, NY

For Appellee:

Charles P. Kelly, Assistant United States Attorney, United States Attorney's Office for the Eastern District of New York, Brooklyn, NY

David C. James, Assistant United States Attorney, United States Attorney's Office for the Eastern District of New York, Brooklyn, NY