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U.S. v. Ross, No. 95-50282 (9th Cir.) (123 F.3d 1181) (August 21, 1997) (Judge Robert Boochever)

In this case the court noted the following: "Whether due process has been violated is decided under a balancing test and 'if mere negligent conduct by the prosecutors is asserted, then obviously the delay and/or prejudice suffered by the defendant will have to be greater'." (Id., at 1185).

Case held ...

 

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