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U.S. v. Oberoi, No. 04-4545-cr (2nd Cir.) (547 F.3d 436) (October 23, 2008) (Judge Dennis G. Jacobs)

Article • December 1, 2008 • from P&J December, 2008

Filed under: Punch And Jurists, Pre-Indictment Delay

U.S. v. Oberoi, No. 04-4545-cr (2nd Cir.) (547 F.3d 436) (October 23, 2008) (Judge Dennis G. Jacobs) by Conviction for mail fraud and health care fraud is affirmed over claims of error that defendant was denied a speedy trial in violation of the Speedy Trial Act on the grounds that: …

U.S. v. Guevara-Umana, No. 07-1410-cr (2nd Cir.) (538 F.3d 139) (August 15, 2008) (Per Curiam)

Article • September 1, 2008 • from P&J September, 2008

Filed under: Punch And Jurists, Pre-Indictment Delay

U.S. v. Guevara-Umana, No. 07-1410-cr (2nd Cir.) (538 F.3d 139) (August 15, 2008) (Per Curiam) by Conviction for illegal reentry to the United States after having been deported subsequent to a conviction for an aggravated felony is affirmed over claims of error that: 1) defendant's pre-indictment detention by immigration authorities …

U.S. v. Creamer, No. 04 CR 281 (N.D.Ill.) (370 F.Supp.2d 715) (April 8, 2005) (Judge James B. Moran)

Article • July 1, 2005 • from P&J July, 2005

Filed under: Punch And Jurists, Pre-Indictment Delay

U.S. v. Creamer, No. 04 CR 281 (N.D.Ill.) (370 F.Supp.2d 715) (April 8, 2005) (Judge James B. Moran) by The defendant in this case was indicted in 2004 for various bank fraud and income tax violations which arose out of a check-kiting scheme that he allegedly orchestrated while serving as …

U.S. v. Brodie, No. CRIM. 02-0190ESH (D.D.C.) (326 F.Supp.2d 83) (July 19, 2004) (Judge Ellen Segal Huvelle)

Article • August 1, 2004 • from P&J August, 2004

Filed under: Punch And Jurists, Pre-Indictment Delay

U.S. v. Brodie, No. CRIM. 02-0190ESH (D.D.C.) (326 F.Supp.2d 83) (July 19, 2004) (Judge Ellen Segal Huvelle) by In their trial on conspiracy charges under 18 U.S.C.S. § 371, defendants filed motions to sever based on misjoinder under Fed. R. Crim. P. 14, a motion to dismiss based on speedy …

U.S. v. Dote, No. 02-1410 (7th Cir.) (328 F.3d 919) (May 13, 2003) (Judge John L. Coffey)

Article • June 1, 2003 • from P&J June, 2003

Filed under: Punch And Jurists, Pre-Indictment Delay

U.S. v. Dote, No. 02-1410 (7th Cir.) (328 F.3d 919) (May 13, 2003) (Judge John L. Coffey) by The defendant in this case appealed from a judgment of the district court which accepted his guilty plea to engaging in a racketeering conspiracy, operating an illegal gambling business, and engaging in …

U.S. v. Garcia, No. 00 CR. 1070(RWS) (S.D.N.Y.) (165 F.Supp.2d 496) (April 17, 2001) (Judge Robert W. Sweet)

Article • November 1, 2001 • from P&J November, 2001

Filed under: Punch And Jurists, Pre-Indictment Delay

U.S. v. Garcia, No. 00 CR. 1070(RWS) (S.D.N.Y.) (165 F.Supp.2d 496) (April 17, 2001) (Judge Robert W. Sweet) by Here the Court granted an alien who pled guilty to illegal reentry a nine month reduction in his sentence because the Government had delayed prosecuting him on that charge for 9 …

U.S. v. Gross, No. 98 CR 159(SJ) (E.D.N.Y.) (165 F.Supp.2d 372) (October 2, 2001) (Judge Sterling Jr. Johnson)

Article • November 1, 2001 • from P&J November, 2001

Filed under: Punch And Jurists, Pre-Indictment Delay

U.S. v. Gross, No. 98 CR 159(SJ) (E.D.N.Y.) (165 F.Supp.2d 372) (October 2, 2001) (Judge Sterling Jr. Johnson) by One of the more difficult tasks that a criminal defense lawyer faces is to get an indictment dismissed based on a pre-indictment delay. Yet, as more and more statutes of limitation …

U.S. v. Ramirez-Cortez, No. 98-50774 (9th Cir.) (213 F.3d 1149) (May 25, 2000) (Judge Kim McLane Wardlaw)

Article • July 1, 2000 • from P&J July, 2000

Filed under: Punch And Jurists, Pre-Indictment Delay

U.S. v. Ramirez-Cortez, No. 98-50774 (9th Cir.) (213 F.3d 1149) (May 25, 2000) (Judge Kim McLane Wardlaw) by Here a divided Court reversed and remanded an illegal re-entry conviction (prosecuted under the S.D.Cal.'s "fast track" program) because the district court improperly excluded an 85-day pre-indictment delay from the Speedy Trial …

U.S. v. Marion, No. 70-19 (U.S. Supreme Court) (404 U.S. 307; 92 S.Ct. 455) (December 20, 1971) (Justice White)

Article • June 29, 2000

Filed under: Punch And Jurists, Pre-Indictment Delay

U.S. v. Marion, No. 70-19 (U.S. Supreme Court) (404 U.S. 307; 92 S.Ct. 455) (December 20, 1971) (Justice White) by In this case the Court held that a three-year preindictment delay was not violative of Due Process - and since then most courts have interpreted this decision as erecting a …

U.S. v. Lovasco, No. 75-1844 (U.S. Supreme Court) (431 U.S. 783; 97 S.Ct. 2004) (June 9, 1977) (Justice Marshall)

Article • June 17, 2000

Filed under: Punch And Jurists, Pre-Indictment Delay

U.S. v. Lovasco, No. 75-1844 (U.S. Supreme Court) (431 U.S. 783; 97 S.Ct. 2004) (June 9, 1977) (Justice Marshall) by In its last detailed analysis on the topic, the Court severely limited the rights of defendants to complain about pre-indictment delay by requiring proof of both actual prejudice and an …

U.S. v. Hunter, No. 99-1963 (7th Cir.) (197 F.3d 862) (November 23, 1999) (Judge William J. Bauer)

Article • January 1, 2000 • from P&J January, 2000

Filed under: Punch And Jurists, Pre-Indictment Delay

U.S. v. Hunter, No. 99-1963 (7th Cir.) (197 F.3d 862) (November 23, 1999) (Judge William J. Bauer) by In this case the defendants were arrested on November 4, 1993 for their roles in stealing mail from the U.S. Postal Service, but they were not indicted until nearly five years later, …

U.S. v. Baxt, No. Crim. No. 99-75 (D.N.J.) (74 F.Supp.2d 425) (October 26, 1999) (Judge Stephen M. Orlofsky)

Article • January 1, 2000 • from P&J January, 2000

Filed under: Punch And Jurists, Pre-Indictment Delay

U.S. v. Baxt, No. Crim. No. 99-75 (D.N.J.) (74 F.Supp.2d 425) (October 26, 1999) (Judge Stephen M. Orlofsky) by The Court summarized its views by stating: " I find that the Defendant, Paul Baxt, has not demonstrated that the Government's delay in bringing the indictment in this case was caused …

U.S. v. Benshop, No. 97-1445 (8th Cir.) (138 F.3d 1229) (March 13, 1998) (Judge Theodore McMillian)

Article • May 1, 1998 • from P&J May, 1998

Filed under: Punch And Jurists, Pre-Indictment Delay

U.S. v. Benshop, No. 97-1445 (8th Cir.) (138 F.3d 1229) (March 13, 1998) (Judge Theodore McMillian) by Court held that defendant was not sufficiently prejudiced by unavailability of trial witness to establish that a pre-indictment of delay of eight years violated his due process rights.

U.S. v. Sabath, No. 97 CR 110 (N.D.Ill.) (990 F.Supp. 1007) (January 12, 1998) (Judge Ruben Castillo)

Article • May 1, 1998 • from P&J May, 1998

Filed under: Punch And Jurists, Pre-Indictment Delay

U.S. v. Sabath, No. 97 CR 110 (N.D.Ill.) (990 F.Supp. 1007) (January 12, 1998) (Judge Ruben Castillo) by This is an important and instructive decision dealing with the prevailing legal standards that govern claims of Constitutional violations arising out of lengthy pre-indictment delays. In this case, the defendant was indicted …

U.S. v. Pardue, No. 97-1730 (7th Cir.) (134 F.3d 1316) (January 26, 1998) (Judge Terrence T. Evans)

Article • March 1, 1998 • from P&J March, 1998

Filed under: Punch And Jurists, Pre-Indictment Delay

U.S. v. Pardue, No. 97-1730 (7th Cir.) (134 F.3d 1316) (January 26, 1998) (Judge Terrence T. Evans) by It is not too difficult for the average layman to understand why the Government would wait ten years before indicting a defendant for a crime that occurred ten years before. Normal people …

U.S. v. Trammell, No. 97-3045 (10th Cir.) (133 F.3d 1343) (January 12, 1998) (Judge Mary Beck Briscoe)

Article • March 1, 1998 • from P&J March, 1998

Filed under: Punch And Jurists, Pre-Indictment Delay

U.S. v. Trammell, No. 97-3045 (10th Cir.) (133 F.3d 1343) (January 12, 1998) (Judge Mary Beck Briscoe) by In 1991 Michael Trammell was indicted by the Sate of Kansas on three counts of failing to pay insurance premiums by an insurance agent, in violation of Kansas law. The case was …

U.S. v. Pardue, No. 97-1730 (7th Cir.) (134 F.3d 1316) (January 26, 1998) (Judge Terrence T. Evans)

Article • March 1, 1998 • from P&J March, 1998

Filed under: Punch And Jurists, Pre-Indictment Delay

U.S. v. Pardue, No. 97-1730 (7th Cir.) (134 F.3d 1316) (January 26, 1998) (Judge Terrence T. Evans) by

U.S. v. Graham, No. 96-3056 (6th Cir.) (128 F.3d 372) (October 21, 1997) (Judge Damon J. Keith)

Article • December 1, 1997 • from P&J December, 1997

Filed under: Punch And Jurists, Pre-Indictment Delay

U.S. v. Graham, No. 96-3056 (6th Cir.) (128 F.3d 372) (October 21, 1997) (Judge Damon J. Keith) by Convictions reversed on grounds that eight year hiatus between indictment and trial violated the Sixth Amendment's call for a speedy trial. Here the Court held that because "the prosecutor and the court …

U.S. v. Lainez-Leiva, No. 97-1467, No. 1125 (2nd Cir.) (129 F.3d 89) (November 3, 1997) (Per Curiam)

Article • December 1, 1997 • from P&J December, 1997

Filed under: Punch And Jurists, Pre-Indictment Delay

U.S. v. Lainez-Leiva, No. 97-1467, No. 1125 (2nd Cir.) (129 F.3d 89) (November 3, 1997) (Per Curiam) by On April 17, 1996, a Federal Grand Jury returned a one-count indictment against the defendant in this case, charging him with unlawful presence in the United States after a previous felony conviction …

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

Article • October 1, 1997 • from P&J October, 1997

Filed under: Punch And Jurists, Pre-Indictment Delay

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