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Article • May 1, 1998 • from P&J May, 1998
U.S. v. Wilkerson, No. 97-21-CR-ORL-22B (M.D.Fla.) (992 F.Supp. 1358) (February 2, 1998) (Judge Anne C. Conway) by Case held that unexplained delay of 64 days between defendant's arrival in district and first appearance before judge was unnecessary delay that required dismissal of indictment with prejudice.
Article • May 1, 1998 • from P&J May, 1998
U.S. v. Wilkerson, No. 97-21-CR-ORL-22B (M.D.Fla.) (992 F.Supp. 1358) (February 2, 1998) (Judge Anne C. Conway) by Case held that unexplained delay of 64 days between defendant's arrival in district and first appearance before judge was unnecessary delay that required dismissal of indictment with prejudice.
Article • March 1, 1998 • from P&J March, 1998
U.S. v. Lopez, No. CR 91-082L (D.R.I.) (985 F.Supp. 59) (November 24, 1997) (Judge Ronald R. Lagueux) by Case held that a 32 month delay in reporting of a stste offense did not preclude the sentencing of a defendant for violation of his supervised release with a sentence to run …
Article • January 1, 1998 • from P&J January, 1998
U.S. v. David, No. 95-1522 (2nd Cir.) (131 F.3d 55) (November 25, 1997) (Judge Fred I. Parker) by Case held that a five year delay in prosecution of civil forfeiture did not violate defendant's due process rights.
Article • December 1, 1997 • from P&J December, 1997
U.S. v. Jones, No. 96-1438L, No. 41 (2nd Cir.) (129 F.3d 718) (November 19, 1997) (Per Curiam) by Case rejected claim that defendant's transfer from state to federal custody pursuant to writ ad testificandum triggered the Speedy Trial Act. The defendant was transferred from state custody to Federal custody pursuant …
Article • October 1, 1997 • from P&J October, 1997
U.S. v. Rizzo, No. 96-2002 (1st Cir.) (121 F.3d 794) (August 11, 1997) (Judge Norman H. Stahl) by Citing U.S. v. Saldana, 109 F.3d 100 (1st Cir. 1997), the defendant argued that he should have received a downward departure based on the Government's delay in waiting till he had completed …
Article • April 1, 1997 • from P&J April, 1997
U.S. v. Saldana, No. 96-1371 (1st Cir.) (109 F.3d 100) (March 31, 1997) (Judge Michael Boudin) by Can sentencing manipulation constitute a proper basis for a downward departure under § 5K2.0? In this case, the First Circuit implied that under certain circumstances such manipulation could be a proper basis for …
Article • March 1, 1997 • from P&J March, 1997
U.S. v. Mercedes, No. 90 CR 450 (RWS) (S.D.N.Y.) (1997 WL 458740) (August 12, 1997) (Judge Robert W. Sweet) by Here the court held that when a prisoner is released prior to expiration of his sentence through no fault and the authorities make no attempt over a lengthy period of …
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