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Justia Daily Opinion Summaries

US Court of Appeals for the Second Circuit
November 3, 2020

Table of Contents

United States v. Debarros Cabral

Criminal Law

Associate Justice
Ruth Bader Ginsburg

Mar. 15, 1933 - Sep. 18, 2020

In honor of the late Justice Ruth Bader Ginsburg, Justia has compiled a list of the opinions she authored.

For a list of cases argued before the Court as an advocate, see her page on Oyez.

Ruth Bader Ginsburg

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US Court of Appeals for the Second Circuit Opinions

United States v. Debarros Cabral

Docket: 19-408

Opinion Date: November 2, 2020

Judge: Joseph F. Bianco

Areas of Law: Criminal Law

The Second Circuit affirmed defendant's conviction for one count of bank fraud based on a conditional guilty plea. Defendant argued that the 11-year delay between his 2007 indictment and 2018 arrest violated his Sixth Amendment right to a speedy trial. The court applied the Barker factors and held that the district court did not violate defendant's Sixth Amendment right to a speedy trial. In this case, the district court did not clearly err in finding that the delay was attributable to defendant fleeing to Brazil in 2006 to avoid prosecution; the government exercised reasonable diligence in determining whether defendant returned to the United States despite its failure to detect his periodic travel into and out of the United States from 2012 until his arrest in 2018, and defendant has shown no prejudice from the delay. Furthermore, the district court properly balanced the Barker factors in concluding that the delay, though lengthy, did not violate the Sixth Amendment.

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