Wednesday, March 16, 2005

Court finds that Speedy Trial Act Violation May be Harmless, United States v. Zedner, 04-0821-cr (2d Cir. April 28, 2005)

In March 1996, Jacob Zedner walked into several banks and attempted to negotiate bonds issued by "The Ministry of Finance of U.S.A." from the "Onited States" and with an expiration date of "forevev." The face value of the bonds was $40 million. Surprisingly, Mr. Zedner was never able to actaully negotiate the bonds. He was, however, able to negotiate some attention from the U.S. government, which found his efforts less than amusing. Indeed, the soundness and security of the United States financial system was preserved when Mr. Zedner was arrested by the U.S. Secret Service.

After 7 years of on-again/off-again institutionalization and conflicting competency evaluations, Mr. Zedner was found fit to stand trial whereupon he was convicted. At sentencing, Judge Platt rejected departure motions based on diminished capacity and overstated loss amount and sentenced him to 63 months in jail.

In a lengthy, fact-intensive opinion, the Court: (1) rejected Mr. Zedner's numerous Speedy Trial challenges; (2) rejected his 404(b) challenges; and (3) rejected his challenge to a conscious avoidance charge. Despite all this rejection, Mr. Zedner will receive a resentencing because the district court may have misunderstood its discretion to depart.

Speedy Trial Issues

Mr. Zedner challenged two different periods of time as having violated the Speedy Trial Act. The Court analyzed both periods as though no order of exclusion had been granted because the only order was one "for all time" that the trial judge entered at the beginning of the case which the Court found ineffectual.

The first time period at issue was a three-month period near the beginning of the case when defense counsel requested additional time to prepare for trial. The Court analyzed several other circuits' views on the balance between the interests of the public and the defendant in a speedy trial and held that even where no order of exclusion is entered, "when a defendant requests an adjournment that would serve the ends of justice [as the Second Cir. found], that defendant will not be heard to claim that her Speedy Trial rights were violated by the court's grant of her request, regardless whether the court made an 'ends of justice' finding under 3161(h)(8)."

The second time period was a seven month period of time in which, according to the Court, Mr. Zedner could not have been tried because of his lawyer's medical problems and because he himself had been found incompetent to stand trial during that time. The Court found that despite the mandatory language in the Speedy Trial Act that an indictment "shall be dismissed" where a defendant is not tried within the applicable period, the error in failing to exclude time during this period was harmless because Mr. Zedner could not have been tried. [This issue -- whether harmless error doctrine can in fact be applied to the Speedy Trial Act -- may conflict with other circuits and may create an interesting question for SCOTUS].

Yet another Speedy Trial claim was also rejected -- this one brought under the 6th Amendment -- based on the 7 year delay between indictment and trial. The Court balanced the factors set forth in Barker v. Wingo and determined that aside from the length of time itself, the factors weighed against a 6th A. violation, i.e., the Court found that the reasons for the delay were largely caused by Mr. Zedner, that he often requested continuances, and that he was not prejudiced by the delay.

Rule 404(b) Claim

Mr. Zedner challenged the district court's decision to allow testimony regarding his alleged fraudulent conduct 10 years prior to his arrest in the present case. Two witnesses claimed that he had induced them to sign over deeds to their homes in his name so that he could help them refinance their mortgages. They claimed that they then had to sue him to regain title. The Court found the testimony admissible because contrary to Mr. Zedner's defense that was delusional and lacked the requisite mens rea, the other acts "tended to prove Zedner's financial sophistication, his ability to execute complex schemes, and his ability to form intent to defraud."

Conscious Avoidance

The Court also rejected Mr. Zedner's objection to a conscious avoidance charge. Mr. Zedner argued that the jury could only reasonably find that he either delusional or not and that he therefore either knew the bonds were phony or didn't. Without much explanation, the Court found that the jury could have also concluded that he was aware of the high probability that they were fake and deliberately avoided confirming that fact. The Court then criticized the charge itself as potentially misleading the jury regarding the proper mens reas, but found that it did not rise to the level of plain error when read in light of the charge as a whole.

Downward Departure

Lastly, the Court remanded the case for resentencing because it seemed from the record that Judge Platt misunderstood his ability to depart downwardly based on diminished capacity and an overstated loss amount. Judge Platt seemed to indicate that because the jury found that Mr. Zedner had the requisite mens rea for conviction, he was precluded from granting a departure for diminished capacity. The Second Circuit pointed out that if that were the case, there would be no such thing as a diminished capacity departure -- as sentencing presumes a conviction, which presumes the requisite mens rea. So too, the conviction did not preclude a determination that the intended loss amount overstated the seriousness of the offense.


Anonymous Clenbuterol said...

Financial crimes seem to me so insignificant as compared with murders and so on

June 15, 2010 at 8:15 AM  
Blogger doron said...

here you can find Viagra the best solution for ED treatment ,
Viagra every 6 hours every day. Buy Viagra

yes or no Viagra

There are many online pharmacies were you can find

online and prices will be much cheaper
, Generic Viagra more over you can always Viagra On the street, Viagrafor money to
Buy Viagra Online is the best.viagra no prescription

In adition you can use Cheap Viagra you can buy Cheap Viagra online yes now you can buy Cheap Viagraor you can look forCialis for the same and some times Buy Cialis a longer lasting result!

Cialis in fact is similar to viagra in it’s affect.
Cialis is one of the most effective meal
Buy Cialis Online enhancement medications online ! Buy Cialis Online with most online pharmacies. Buy Phentermine Online it is a worldwide known drug Buy Phentermine Online
can be found on the web on numerous locations.
Buy Phentermine Online

More over yes now Buy Phentermine Online is known for it’s results
Xanax Online
is an anti anxiety medication Xanax is a short-acting drug
Buy Xanax is used to treat anxiety Buy Xanax online. best online pharmacy for you.

Vicodin Online narcotic analgesic product

Buy Vicodin relieve moderate to severe pain
Viagra Alternative You can find Buy Vicodin and
Buy Valium to treat anxiety disorders. Ultram on sale Ultram best price Ultram cheap pharmacy Ambien best price Cialis online today Cialis is known for it’s results Valium online sale Valium online sale Buy Valium
today Buy Xanax Online cheap prices Buy Xanax online today.

August 1, 2010 at 4:41 AM  
Blogger doron said...

Many pepole use Ambien Online Today.
viagra no prescription the popular insomnia relief,
viagra without prescription also no you can buy Cialis without prescription
yes it is true Cialis without prescription

is now available Viagra Online
Find the most competitive online Ambien
Online Pharmacies Ambien lowest prices Viagra is a semi-synthetic opioid Buy Phentermine Online naturally occurring opiates Buy Hydrocodone can be found online Hydrocodone is very effective !

Hydrocodone is an FDA approved medication.

Oxycodone narcotic pain-reliever.

Oxycodone Online for sensation of pain.

Oxycodone should be stored between 15 to 30 C
Buy Oxycodone relief of moderate to severe pain.
Oxycontin tablets is 5 to 30 mg every 4 hours. Buy Oxycontin
narcotic pain-relievers Oxycontin may lead to increased Levitra is formulated as orange Phentermine cross debossed on one side
Ambien only for you Ativan here also Oxycontin best price Adderall online sale Loeazepam for you Hydrocodone for pain Hydrocodone on sale today Buy Hydrocodone Online here. Buy Cialis online today Buy Phentermine Online big sale Buy Phentermine in UK pharmacy Buy Cialis cheapest prices Buy Valium today Hydrocodone Online pharmacy Adipex best offers Ambien online pharmacy Meridia best offer Buy Meridia trusted source Meridia online options Meridia best pharmacy Lorazepam best offer Alprazolam best choice accutane online here.

August 1, 2010 at 4:56 AM  
Blogger doron said...

In some cases Viagrais the best solution
Viagra Alternativemany people use
Buy xanax
and other try Xanax
you can Buy xanaxand also try to use
yes many pepole try
Buy Phentermine Online
and many others use
another drug you is
Cialis also called a hypnotic.
Cialis affects chemicals in your brain Buy Phentermine Online unbalanced and cause sleep problems
cialis that causes
cialis dose-related depression
is useful in treating anxiety
cialis and muscle spasms
cialis Brand name is
Phentermine A generic version
Percocet is a combination of
viagra is a Schedule
Buy Percocet to discuss what
Phentermine These would include
Percocet recreationally rather than
Buy Phentermine Online either an Addict
Valium yes this is the best website for
Valium here you can purchase
Valium online without prescription,
Valium from USA pharmacy
Valium for Anxity, or
Buy Phentermine Online on how best to deal
Phentermine No prescription specifically developed to allow Phentermine No prescription for office-based treatment Buy Ativan is in a group of drugs
Ativan is used to treat anxiety disorders.
Klonopin is in a group of drugs called benzodiazepines
Xanax online offers
Xanax online sale
Ambien best price
Ambien best choice Ativan also here Ativan No Prescription Klonopin best price Xenical best prices Ultram online pharmacy Ambien Online best price.

August 1, 2010 at 5:00 AM  
Blogger doron said...

affects chemicals Clonazepam is used to Klonopin if you Zolpidem prevents the Propecia use by men only Diazepam not be used cialis is pain reliever.
Cialis no prescription is the best.
viagra is used to viagra extended-release Phentermine withdrawal symptoms
Valium Can be found Buy Viagra online NO PRESCRIPION Generic Viagra it is best Buy Valium Online for Valium Online save you the hassle Buy Viagra Online a prescription over Valium Online can be found Buy Valium no prescription Buy Ambien for the short-term

Buy Levitra for the
Buy codeine narcotic pain-reliever .
codeine is morphine
codeine in the brain Acomplia new class Acomplia Cannabinoid-1 Phentermine Without Prescription online buy Xanax best prices Xanax worldwide delivery Xanax for the best Xanax at discount Xanax for anxity. Vicodin cheap prices Hydrocodone best solution Hydrocodone against pain Levitra online sale Tramadol online here Tramadol best prices Adipex online pharmacy Ambien right now
Ambien best prices Ambien best prices Buy Ambien Online discount pharmacy Buy Ambien save money Buy Adipex Online today Tramadol cheap online Vicodin online today Valium Online without prescription Cheap Cialis onlline today Cheap Cialis usa

August 1, 2010 at 5:03 AM  
Blogger hackertrang said...

Appeal from a judgment of the United States District Court for the Eastern District of New York (Thomas C. Platt, J.) convicting Defendant-Appellant Jacob Zedner of attempting to defraud a financial institution in violation of 18 U.S.C. § 1344, and sentencing him to 63 months' imprisonment. The Court of Appeals (Leval, J.) holds that (1) any Speedy Trial Act error was harmless; (2) Speedy Trial Clause of the Constitution was not violated; (3) district court did not abuse its discretion in admitting evidence of other bad acts; (4) the conscious avoidance charge did not constitute plain error; and (5) substantial risk existed that district court misapprehended its authority to depart downward. Blonde Escortsfree cam to cam

July 30, 2011 at 9:37 PM  
Blogger balta ismail said...

Home free hardsexporn watch and tube pornmovieswatch tv. for amateur ledporn sites.

October 16, 2011 at 11:17 AM  
Anonymous adobe acrobat x pro download said...

This is a very nice post..

November 9, 2011 at 4:23 PM  
Blogger trung said...

New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and entertainment. Sydney Escortfree pornThe home of the United Nations Headquarters,New York is an important center for international affairs and is widely deemed the cultural capital of the world

November 16, 2011 at 12:36 PM  
Blogger trung said...

J.Design Group with over 25 years of experience offers a complete range of high end interior design services and decoration of commercial and residential outfits in different communities throughout Florida such as Indian Creek, Fisher Island, Bal Harbour, Miami, Aventura, Key Biscayne, Brickell Key, South Beach, Naples, Sunny Isles, Fort Lauderdale, Pinecrest, Williams Island, Golden Beach, Palm Beach, Star Island, Brickell, Boca Raton, Coral Gables, and many other cities in different states all across USA and other countries.escorts las vegasbest sexy lingerie

November 16, 2011 at 1:38 PM  
Blogger trung said...

We're the largest royalty-free vector only stock agency in the world. Every week we add thousands of new premium vector graphics
Whether you're a global ad agency or a freelance graphic designer, we have the vector graphics to make your project come to life.livesexmelbourne stripper

November 16, 2011 at 2:07 PM  
Anonymous muebles pozuelo said...

It's all erroneous the thing you are saying.

November 30, 2011 at 9:17 AM  
Blogger gfd said...

free sexUK Escort
So I can go until I blow up, eh
And I can drink until I throw up, eh
And I don't ever ever want to grow up, eh
I wanna keep it going, keep keep it going, going, going, going....

December 7, 2011 at 9:28 AM  
Blogger mantr said...

Near, far, wherever you are
I believe that the heart does go on
Once more you open the door
And you're here in my heart
And my heart will go on and on
Melbourne Escortsprodutos eroticos

December 15, 2011 at 12:18 AM  
Anonymous Anonymous said...

Las Vegas EscortLondon Asian escort agency

Fill my heart with song
And let me sing for ever more
You are all I long for
All I worship and adore
In other words, please be true
In other words, I love you

December 31, 2011 at 8:24 AM  
Blogger trungvkvk said...

Sydney EscortsRocks Off Naughty Boy

Hard to be sure
Some times I feel so insecure
And love so distant and obscure
Remains the cure

January 1, 2012 at 5:47 AM  
Anonymous Anonymous said...

Buy Valium Online [url=] Buy Valium Online [/url]
Adderall [url=] Buy Adderall[/url]

November 23, 2012 at 5:08 PM  
Anonymous Anonymous said...

klonopin Online[url=] clonazepam [/url]
Online Viagra[url=] Viagra Online [/url]
Buy Klonopin [url=] Klonopin Online[/url]
Adderall [url=] Buy Adderall Online [/url]

November 27, 2012 at 6:00 PM  
Anonymous Anonymous said...

Eiuorssyf [url=]オークリー サングラス[/url] Dmgxfxusf Hqrvudwkv [url=]オークリー アウトレット[/url] Arngzmsct Wtktjmqfk [url=]オークリー ゴルフ[/url] Nnpeihsjv Raegbryyt [url=]オークリー メガネ[/url] Jesombako Qbhbhirqb Pyqubttcy

December 23, 2012 at 9:54 AM  
Anonymous Anonymous said...

viagra, [url=]viagra[/url],

viagra, [url=]viagra[/url],

viagra, [url=]viagra[/url],

viagra, [url=]viagra[/url],

viagra, [url=]viagra[/url],

January 3, 2013 at 2:46 PM  
Anonymous Anonymous said...

buy cialis online [url=] buy cialis online [/url]
Buy Cialis [url=] Cialis Online [/url]
Cheap Levitra [url=]Cheap Levitra [/url]

January 10, 2013 at 7:02 PM  
Anonymous Anonymous said...

buy viagra viagra online
Cialis Cheap Cialis

January 10, 2013 at 7:39 PM  
Anonymous Anonymous said...

&&& Viagra Online Without Prescription %%% [url=]Viagra Online Without Prescription[/url] 778856 ((()0
Cialis &&&& [url=]Cialis[/url] %%% (()) Viagra **&& [url=]Viagra[/url] %%%
(()) Viagra **** [url=]Viagra[/url] %%%
$$%% Cialis Online (()) [url=]Cialis Online[/url] +++

March 11, 2013 at 5:52 PM  
Anonymous Anonymous said...

Awesome article.

Here is my homepage: Buy Viagra Online Pharmacy
Also see my site: buy viagra in usa with no problems from customs

March 15, 2013 at 2:35 AM  
Anonymous Anonymous said...

The libido of men can be down due to various
reasons. Today impotence has turned out to be one of the common
issues for men. Usually this product can be taken about 60 minutes before sexual activity.

Look at my web-site - Alice

March 18, 2013 at 1:25 AM  
Anonymous Anonymous said...

&&& Viagra Online Without Prescription %%% [url=]Viagra Online Without Prescription[/url] 778856 ((()0
Cialis &&&& [url=]Cialis[/url] %%% (()) Viagra **&& [url=]Viagra[/url] %%%
(()) viagra online without prescription **** [url=]viagra online without prescription[/url] %%%
$$%% Cialis Online (()) [url=]Cialis Online[/url] +++

March 21, 2013 at 2:30 AM  
Anonymous Anonymous said...

&&& Viagra Online Without Prescription %%% [url=]Viagra Online Without Prescription[/url] 778856 ((()0
Cialis &&&& [url=]Cialis[/url] %%% (()) Viagra **&& [url=]Viagra[/url] %%%
(()) Viagra **** [url=]Viagra[/url] %%%
$$%% Cialis Online (()) [url=]Cialis Online[/url] +++

April 10, 2013 at 6:16 PM  
Anonymous Anonymous said...

&&& Viagra Online Without Prescription %%% [url=]Viagra Online Without Prescription[/url] 778856 ((()0
Cialis &&&& [url=]Cialis[/url] %%% (()) Viagra **&& [url=]Viagra[/url] %%%
(()) Viagra **** [url=]viagra online without prescription[/url] %%%
$$%% Cialis Online (()) [url=]Cialis Online[/url] +++

May 1, 2013 at 10:14 AM  
Anonymous Anonymous said...

http://www. xanax asd [url=http://www.] xanax Online [/url] asda
http://www. xanax asd [url=http://www.] xanax[/url] asda
http://www. xanax asd [url=http://www.] xanax [/url] asda
http://www. xanax Online asd [url=http://www.] xanax[/url] asda
http://www. xanax Online asd [url=http://www.] xanax Online [/url] asda
http://www. xanax asd [url=http://www.] xanax [/url] asda
http://www. xanax Online asd [url=http://www.] Buy xanax[/url] asda
http://www. Buy xanax asd [url=http://www.] xanax Online [/url] asda

May 14, 2013 at 3:04 AM  
Anonymous Anonymous said...


May 29, 2013 at 7:40 AM  

Post a Comment

<< Home