Federal Judiciary

United States v. Ray, 578 F.3d 184 (2d Cir. 2009)

There was a 15 (that's right -- 15) year gap between a decison by the Second Circuit reversing Ray's sentence and remanding for resentencing, and the actual resentencing hearing, at which Ray was sentenced to six months of community confinement.  Check out the decision for all the details concerning the basis for the ruling, but the bottom line is that the Second Circuit found that the 15 year delay violated Ray's right under the due process clause of the Fifth Amendment to "speedy sentencing."  And although it did not directly decide the issue, the Second Circuit indicated that the appropriate remedy for a speedy sentencing violation is a sentence of time served (particularly where the delay in imposition of a custodial sentence "threatens to undermine her successful rehabilitation").