Is there a violation of the speedy trial right for abuse of discretion?

MultiRegion, United States of America

The following excerpt is from United States v. Cabral, 979 F.3d 150 (2nd Cir. 2020):

We review a district court's determination as to whether there has been a Sixth Amendment violation of the speedy trial right for abuse of discretion. United States v. Moreno , 789 F.3d 72, 78 (2d Cir. 2015). A district court abuses its discretion when "its ruling is based on an erroneous view of the law or on a clearly erroneous assessment of the evidence, or if its decision cannot be located within the range of permissible decisions." United States v. Cuti , 720 F.3d 453, 457 (2d Cir. 2013). A district court's improper weighing of the Barker factors can qualify as such an error of law. Moreno , 789 F.3d at 78 ("[I]f we conclude that the district court struck the incorrect balance, we must reverse.").

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