United States Second Circuit

In an appeal from an order sentencing defendant, after a fifteen-year delay, to a one-day term of imprisonment and three years of supervised release with a special condition that she serve six months in a halfway house, the order is vacated where: 1) the Speedy Trial Clause of the Sixth Amendment, which governs the timing of trials, does not apply to sentencing proceedings; but 2) for purposes of a Due Process claim, the delay in the imposition of sentence was not justified by any legitimate reason and caused defendant prejudice insofar as the custodial portion of it threatened to undermine her successful rehabilitation.

Appellate Information

• Argued 01/14/2009
• Decided 08/27/2009
• Published 08/27/2009

Judges

• JOSÉ A. CABRANES, Circuit Judge:, Before:  LEVAL, CABRANES, and LIVINGSTON, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Charles P. Kelly, Assistant United States Attorney (Benton J. Campbell, United States Attorney, on the brief, David C. James, Assistant United States Attorney, of counsel), United States Attorney's Office for the Eastern District of New York, Brooklyn, NY, for Appellee United States of America., Yuanchung Lee, Appeals Bureau, Federal Defenders of New York, Inc., New York, NY, for Defendant-Appellant Sheena Deloache Ray.