United States Second Circuit

In order for a district court to depart under U.S.S.G. section 5K2.0 based on a prosecutorial delay that resulted in a missed opportunity for concurrent sentencing, the delay must either have been in bad faith or have been longer than a reasonable amount of time for the government to have diligently investigated the crime involved, such that the delay takes the case out of the heartland of relevant cases.

Appellate Information

• Argued 10/25/2001
• Decided 03/05/2002
• Published 03/06/2002

Judges

• VAN GRAAFEILAND, Senior Circuit Judge., Before VAN GRAAFEILAND, WINTER, and SACK, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Tina E. Sciocchetti, Assistant U.S. Attorney, Northern District of New York, Albany, N.Y., for Appellant.


• For Appellees:
  
• Alexander Bunin, Federal Public Defender, Albany, N.Y.;  Molly Corbett, on the brief, for Defendant-Appellee.