Is there any case law where a defendant has failed to demonstrate substantial prejudice due to Page 5 of the Criminal Code?
MultiRegion, United States of America
The following excerpt is from United States v. Nieves, No. 15-1525-cr (2nd Cir. 2016):
Nieves has also failed to demonstrate substantial prejudice. Nieves was not incarcerated pending sentencing, nor was her ability to present a defense or make an effective sentencing submission compromised. Cf. Barker v. Wingo, 407 U.S. at 532 (recognizing oppressive incarceration and impaired defense as prejudice caused by
Page 5
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