发言原文
* A "Waiting Game" for Appellate Guidance: If there is a parallel mandamus petition or emergency stay sitting before the Circuit Court, a District Judge will often intentionally halt all district-level activity. They do nothing because they are waiting to see if the higher court is going to issue a ruling that strips them of jurisdiction or changes the legal landscape. 2. Controlling Precedents: The Constitutional Limits of Delay Under federal law, a judge cannot delay a sentencing indefinitely. The Supreme Court and the Second Circuit have established clear boundaries regarding what constitutes a prejudicial or unconstitutional sentencing delay. The Constitutional Standard: Betterman v. Montana (2016) The U.S. Supreme Court ruled in Betterman v. Montana, 578 U.S. 437 (2016) that the Sixth Amendment’s Speedy Trial Clause does not apply to post-conviction sentencing delays. Instead, the Court ruled that the Due Process Clause of the Fifth and Fourteenth Amendments protects defendants against excessive, unreasonable delays in sentencing. If a delay is found to be reckless, purposeful, or cause severe prejudice to the parties (such as keeping a defendant incarcerated under a cloud of unresolved errors), it violates constitutional Due Process. The Analytical Framework: United States v. Ray (2d Cir. 2009)