Block on Trump's Asylum Ban Upheld by Supreme Court
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.
Argued: January 14, 2009
Decided: August 27, 2009
Opinion by Judge Cabranes
Yuanchung Lee, Appeals Bureau, Federal Defenders of New York, Inc., New York, NY
Charles P. Kelly, Assistant United States Attorney, United States Attorney's Office for the Eastern District of New York, Brooklyn, NY
David C. James, Assistant United States Attorney, United States Attorney's Office for the Eastern District of New York, Brooklyn, NY