U.S. v. SMITH

No. 95-3417.

94 F.3d 204 (1996)

UNITED STATES of America, Plaintiff-Appellant, v. Jerry Lee SMITH, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided August 23, 1996.

Rehearing and Suggestion for Rehearing Denied October 1, 1996.


Attorney(s) appearing for the Case

Gary D. Arbeznik, Asst. U.S. Atty. (argued), Office of the U.S. Atty., Cleveland, OH, Sean Connelly (briefed), U.S. Dept. of Justice, Crim. Div., Washington, DC, for Plaintiff-Appellant.

David C. Jack (argued and briefed), Sremack & Jack, Akron, OH, for Defendant-Appellee.

Before: NELSON and MOORE, Circuit Judges; CLELAND, District Judge.


Rehearing and Suggestion for Rehearing En Banc Denied October 1, 1996.

MOORE, Circuit Judge.

The issue before us is whether criminal defendants possess the right to a speedy appeal in the first appeal as of right. In a prior appeal to this court, three years elapsed between the filing of the notice of appeal and the issuance of the court's disposition in this case. On remand for resentencing, the district court found the delay to be violative of due process...

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