United States Sixth Circuit

After a conviction has been affirmed on appeal, and a case is remanded solely for resentencing, the question of whether any delay in imposing the sentence violates the defendant's right to due process can be answered by looking to: 1) the reasons for the delay; and 2) what prejudice the defendant has suffered as a result of the delay.

Appellate Information

• Decided 06/29/2006
• Published 06/29/2006

Judges

• Before:  MARTIN, GIBBONS, and GRIFFIN, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ON BRIEF:  Alan C. Rossman, Cleveland, Ohio, for Appellant.   Bruce A. Khula, Assistant United States Attorney, Cleveland, Ohio, for Appellee.