Monday, August 31, 2009

Delay Gratification

United States v. Ray, No. 08-2795-cr (2d Cir. August 27, 2009)(Leval, Cabranes, Livingstone, CJJ)

In this decision, the court holds that an unexplained and prejudicial fifteen-year delay in imposing sentence amounted to a Fifth-Amendment due process violation, but did not violate the Sixth Amendment right to a speedy trial.


In 1991, Ray pled guilty to her role in a $200,000 bank fraud. In 1992, the district court, unmoved by her family circumstances, sentenced her to twelve months’ imprisonment, the bottom of the then-mandatory range. Ray, who was free on bail, appealed. While her appeal was pending, the court of appeals decided a different case that eased somewhat the standard for family circumstances departures. As a result, with the government in agreement, Ray moved for a remand. The circuit granted the motion on January 21, 1993, but neither the district court nor the government took any further action on the case.

Ray herself caused the case to be reopened in 2007 when she applied for a city job, and needed documentation as to the resolution of her 1992 conviction. She contacted the court clerk, an action that prompted the district court to set a “re-sentence” date of March 5, 2008.

By this time, Ray had fully rehabilitated. Living openly in the Eastern District, she had been employed for the entire fifteen-year period and had never been rearrested. She raised three children, owned a home and a car and was in college, as were two of her children.

At the resentencing hearing, the court faulted both the defendant and her attorneys - but not itself or the government - for the delay. The government, on its part, raised the question of whether the delay violated Ms. Ray’s right to a “speedy sentencing.” After the parties had briefed the issue, the court found no violation and imposed sentence: one day in prison plus three years of supervised release. The court ordered six months in a halfway house as a condition of the supervision, even though counsel pointed out that the only available facility was far from both Ray’s job and her home.

The Appeal

On appeal, the court first held that the district court erred in finding that it had been Ray’s own responsibility to return to court and face resentencing. A “defendant does not bear the burden of seeking her own sentencing.” With this, the court went on to analyze the constitutional issues.

1. No Sixth Amendment Violation

Both the government and the defense took the position that the Sixth Amendment right to a speedy trial included the right to a speedy sentencing. This is significant, since under the Speedy Trial Clause, the remedy is “categorical: dismissal of the charges.”

The Supreme Court and several circuits - including this one - have assumed without deciding that the Speedy Trial Clause includes a right to a speedy sentencing. But this panel's own examination led it to hold otherwise. It began by noting a tension in the precedents - Speedy Trial Clause violations require a dismissal, but the Supreme Court has held that dismissal of the charges is an inappropriate remedy for a sentencing error. This tension evaporates if the Sixth Amendment does not cover delays in sentencings.

Next, the court considered the original meaning of the word “trial” in the Speedy Trial Clause, looking both to Blackstone and early American court decisions. It had little difficulty concluding that the American court system has always “distinguished between trial and sentencing.” Thus, “the word ‘trial,’ as understood at the time of the Founding, would not have encompassed sentencing proceedings.” Moreover, modern authorities, such as the Federal Rules of Criminal Procedure, and the Speedy Trial Act - which does not include sentencing proceedings in its time calculations - have preserved this “basic divide between trial and sentencing.”

Finally, the court looked at the interests protected by the Speedy Trial Clause - oppressive pretrial incarceration, the defendant’s anxiety, and the possibility that the defense will be impaired by the passage of time - and found that “these harms do not arise when there is a delay between conviction and sentencing.” While other harms can arise from a delayed sentencing, for example, the defendant and victim are left “in limbo concerning the consequences of conviction,” these concerns are “not the same as those that animate the Speedy Trial Clause.”

2. Fifth Amendment Violation

The court found a better fit in the Due Process Clause of the Fifth Amendment, which “has a limited role to play in protecting against oppressive delay.” The court considered two factors to determine whether Ray was deprived of her “due process right to a prompt sentencing”: (1) the reasons for the delay; and (2) the prejudice to the accused.

Here, the specific reasons for the delay were unknown, and the court treated the delay as the result of “ordinary negligence on the part of the government.” But the court held this against the government, and reiterated that it was not Ray’s duty to see that she was speedily sentenced.

The court next held that to prevail Ray had to show “substantial and demonstrable” prejudice. But the court weighed the extraordinary length of the delay in Ray’s favor, particularly since she underwent a “complete rehabilitation” in the interim. The court concluded that removing Ray “from her current life and compel[ling] her to reside for six months in a halfway house would undermine her successful rehabilitation,” since the restrictions imposed on the liberty of a halfway house resident are “substantial.”

After balancing all of the factors, the court held that, in light of Ray’s “successful and prolonged rehabilitation, and the upset that a custodial sentence would now entail,” she had successfully established a Due Process Clause violation. The remedy the court selected was to vacate the six-month halfway house portion of her sentence.

Labels: , ,


Anonymous Anonymous said...

Cialis is the best ED treatment online.
Viagra is avalible here for low low prices!
Viagra is avalible here for low low prices!
Buy Viagra online form our online pharmacy
you can find Cialis online here as well
if you would like to Buy Cialis online you have found the right place.
Cialis is drug the same as vigara.
Cialis is in fact a mail enchament drug.
on our pharmacy you can find and buy Cheap Viagra online.
Viagra is the same as cialis
Cheap Viagra is grate for cheap pepole!
Cheap Viagra is the same as not cheap viagra.
Buy Cialis Online you can find it online here.
if you like you can buy Cialis no prescription online here.
buy Cialis Without prescription here it is possible!
Buy Cialis Online with our online pharmacy store!
Buy Cialis at the cheapest price on the web !
Cialis no prescription
Cheap Cialis
Cheap Cialis
Cialis Online
Buy Cialis Online
Valium Diazepam (pronounced /da???z?p?m/), first marketed as Valium (/?v?li?m/) by .... Diazepam(Valium) DOJ.jpg. Diazepam is marketed in over 500 brands .
5mg - 10mg. 10% ADDITION DISCOUNT. Purchase best quality generic Valium
Buy Valium Online No Prescription Is Needed! Only High Quality Meds! Fda Approved Pharmacy!
Buy Valium Online Without Prescription from Official Certified Pharmacy
Buy Valium Online it is an antianxiety agent (benzodiazepines) used primarily for short-term relief of mild to moderate anxiety.
Buy Valium Online it is a drug used for the short-term relief of symptoms related to anxiety disorders.
Buy Valium Online
Buy Valium
Buy Vicodin

August 4, 2010 at 4:02 PM  
Anonymous Anonymous 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 .
levitra online is morphine
codeine in the brain Acomplia new class Acomplia Cannabinoid-1 ativan online buy Xanax best prices Xanax worldwide delivery Xanax for the best Xanax at discount Xanax for anxity. buy viagra no prescription cheap prices Buy Viagra best solution Adipex 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 Cheap Viagra online today Valium Online without prescription Cheap Cialis onlline today Cheap Cialis usa

August 4, 2010 at 4:09 PM  
Anonymous Anonymous said...

In some cases Viagrais the best solution
Viagra Alternativemany people use
Buy xanax you can buy adderall
and other try Xanax
you can Buy xanaxand also try to use
Phentermine also try buy adderall
and some
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 Buy Tramadol best prices Ultram online pharmacy Ambien Online best price.

August 4, 2010 at 4:09 PM  
Anonymous Anonymous 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 online 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.
viagra no prescription narcotic analgesic product
Purchase Viagra relieve moderate to severe pain
Viagra Alternative You can find Buy VIagra Online 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 4, 2010 at 4:17 PM  
Anonymous adobe acrobat x pro download said...

In this blog is very nice great finance advise to them.

November 10, 2011 at 3:44 PM  
Anonymous Anonymous said...

Viagra [url=] Viagra Online[/url]
Cheap Viagra[url=] Cheap Viagra[/url]
Non Prescription Cialis[url=]Cialis [/url]

November 18, 2012 at 12:27 PM  
Anonymous Anonymous said...

Cialis Without Prescription[url=] Cialis Without Prescription[/url]
Cheap Cialis[url=] Cheap Cialis[/url]
Viagra Without Prescription[url=]Viagra Without Prescription[/url]
Viagra [url=]Viagra [/url]

November 21, 2012 at 3:11 AM  
Anonymous Anonymous said...

Adderall Online[url=] Buy Adderall Online [/url]
Buy Accutane Online [url=] Buy Accutane [/url]
Buy Oxycontin Online [url=] Oxycontin Online[/url]
Buy Meridia[url=] Buy Meridia[/url]

November 23, 2012 at 4:31 PM  
Anonymous Anonymous said...

Online Valium[url=] Valium Online [/url]
Percocet [url=] Percocet Online [/url]
Adipex [url=]Adipex [/url]
Adipex [url=] phentermine [/url]

November 26, 2012 at 5:47 AM  
Anonymous Anonymous said...

Cialis [url=]Cialis [/url]
Generic Viagra[url=]Generic Viagra[/url]
Viagra Sale[url=]Viagra [/url]

December 21, 2012 at 12:12 PM  
Anonymous Anonymous said...

Purchase CialisPurchase Cialis
Cialis Cialis
Buy Levitra Online buy levitra

December 31, 2012 at 6:19 PM  
Anonymous Anonymous said...

viagra, viagra,

viagra, viagra,

viagra, viagra,

viagra, viagra,

viagra, viagra,

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


January 7, 2013 at 1:31 PM  
Anonymous Anonymous said...

CafChearf Smith Jersey
CafChearf Torrey Smith Super Bowl Jersey
eldengady Nike Colin Kaepernick Jersey

February 1, 2013 at 6:55 AM  
Anonymous Anonymous said...

Buy Adderall[url=] Buy Adderall[/url]
ambien[url=] ambien[/url]
Buy Ambien [url=]Ambien [/url]

February 4, 2013 at 3:50 PM  
Anonymous Anonymous said...

Oxycontin [url=] Oxycontin Overnight[/url]
Buy Klonopin[url=]Klonopin [/url]
Xanax Online[url=] Xanax Online[/url]

February 4, 2013 at 4:09 PM  
Anonymous Anonymous said...

Viagra Online Without Prescription ggg [url=]Viagra Online Without Prescription[/url] 778856 ggfgdd
Cialis fhgfg [url=]Cialis sfsd [/url]
sdfsd Viagra gdggd [url=]Viagra[/url] dfdsf
dada viagra online without prescription fgf [url=]Viagra[/url] fsd
sdad Cialis Online ghjg [url=]Cialis Online[/url] 75676

March 3, 2013 at 7:27 AM  
Anonymous Anonymous said...

Viagra Online Without Prescription ggg [url=]Viagra Online Without Prescription[/url] 778856 ggfgdd
Cialis fhgfg [url=]Cialis sfsd [/url]
sdfsd Viagra gdggd [url=]Viagra[/url] dfdsf
dada Viagra fgf [url=]viagra online without prescription[/url] fsd
sdad Cialis Online ghjg [url=]Cialis Online[/url] 75676

March 4, 2013 at 6:04 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] +++

March 18, 2013 at 7:43 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 18, 2013 at 8:16 PM  
Anonymous Anonymous said...

Viagra Without Prescription [url=]Viagra Without Prescription [/url]
Viagra Online Without Prescription[url=]Viagra Online Without Prescription[/url]

April 4, 2013 at 8:52 PM  
Anonymous Anonymous said...

Adipex [url=]Adipex [/url]
Viagra Online Without Prescription[url=]Viagra Online Without Prescription[/url]
Viagra Online Without Prescription[url=]Viagra Online Without Prescription[/url]
buy cialis online [url=] buy cialis online [/url]

April 4, 2013 at 9:25 PM  
Anonymous Anonymous said...

Cialis [url=]Cialis [/url]

Closeing Spinn ----->

April 6, 2013 at 1:40 AM  
Anonymous Anonymous said...

canette dom Coca-Cola [url=]Ralph Lauren[/url]
Classic ou Coke 0 % contient 20 milligram p caf茅ine, tandis cual new york [url=]Ralph Lauren[/url]
m锚me portion l'ordre de Physician Pepper contient 45 脿 42 mg. Pepsi contient 36 脿 38 milligrams. Cela [url=]Polo Ralph Lauren[/url]
peut sembler unique topic stupide, toutefois je n'ai jamais western european delaware surnom. I actually, avec promote le univers dans master of arts [url=]Ralph Lauren[/url]
famille, your [url=]Ralph Lauren[/url]
toujours 茅t茅 appel茅s par leur nom l茅gal, ou bien unique version commune dom l'(Mike pour Mirielle). Je myself demande, standard exemple, supposrr que j'ai appel茅 from monday fils Mark puis styles l'avons appel茅 Port, ce nom serait-il 茅crire on ses devoirs.
Getting rid of an important [url=]Ralph Lauren[/url]
Nose BleedIf you get yourself a [url=]Polo Ralph Lauren[/url]
nose lose blood via caffeine, dress in freak out. Crunch direct along with tilt your face as well as box forth, in no way back. Softly whack your nose to remove your personal nasal sentiments and then little the comfortable component of [url=]Polo Ralph Lauren pas cher[/url]
your nostrils. Come to be a keen customer with [url=]Ralph Lauren[/url]
social growing media. Internet promotion regularly evolving and also raising. Privided you can put up plus application in all of [url=]Ralph Lauren[/url]
the well-liked multimedia [url=]Polo Ralph Lauren pas cher[/url]
sites. you do have a [url=]Ralph Lauren[/url]
big gain.

April 13, 2013 at 10:55 AM  
Anonymous Anonymous said...

Viagra Without Prescription [url=]Viagra Without Prescription [/url]
Viagra Online Without Prescription[url=]Viagra Online Without Prescription[/url]

April 18, 2013 at 6:30 AM  
Anonymous Anonymous said...

Buy Ativan[url=] Buy Ativan[/url]
Buy Ativan[url=] Buy Ativan[/url]

April 21, 2013 at 11:11 PM  
Anonymous Anonymous said...

Adipex Online[url=]Adipex [/url]

April 22, 2013 at 1:08 AM  
Anonymous Anonymous said...

Buy KlonopinKlonopin

April 26, 2013 at 3:10 AM  
Anonymous Anonymous said...

buy cialis online [url=] buy cialis online [/url]
viagra[url=]Viagra Without Prescription [/url]
Cialis Without Prescription [url=] Cialis[/url]

April 26, 2013 at 7:49 PM  

Post a Comment

<< Home