I pled guilty in federal court in july 2001. A presentancing report was done on me and i was to go to court in 4 to 8 weeks to be sentance. Well they never set a date. Well 2 years later they still had not sentanced me. And out of the blue i get a letter stating they had set a sentancing date. The us attourny told my lawyer thaty the judge was ill and my case file was misplced . Is this a violation of the speedy trail act or due process. My lawyer just agrees with everthing they do and wont even try do any thing. Please if anyone knows anything about this matter PLEASE reply ANY advise would be helpfull thank you

omg! I have no idea, but this doesn't sound legal to me. 2 years later to be sentenced. I hope someone comes along who can answer this for you asap. Hang in there...

Deb

dadad34--Please refer to the following websites to answer your question (to lengthy to explain on post):

Speedy Trial Act of 1974 (Amended numerious times)
U.S. Department of Justince

http://www.usdoj.gov/usao/eousa/foia_reading_room/usam/title9/crm00628.htm

This Act is actually right out of the U.S. Attorneys Manual.

Don't forget your Federal Constitutional Sixth Admendment Right:

"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense."

The most important Sixth Amendment rights for criminal defendants are the right to assistance of counsel, the right to compel witnesses to appear at trial, the right to cross-examine ("confront") witnesses at trial, the right to trial by jury, and the right to be informed of the nature of the charges that have been filed against you and of potential punishments. Also of significance is the right to a speedy trial which, although frequently waived by defendants, prevents the state from incarcerating defendants for years while their trials are perpetually delayed - a problem that is common in some other countries."

You can look further into the US Attorney's Manual at the following website:

http://www.usdoj.gov/usao/eousa/foia_reading_room/usam/

Another useful website is the United States Sentencing Commission:

http://www.ussc.gov/

Also, in felony cases, the PSR takes an average of 60 days to complete, and the judge will schedule a sentencing hearing approximately 90 days after the conviction date. The judge holds the sentencing hearing with input from the DA, the defense attorney, and the victim or the victim's representative. Occasionally, witnesses also will be presented by the DA or defense attorney. The offender also is given the opportunity to speak. After all parties have spoken, the judge will impose the offender's sentence. The offender has the right to appeal the decision of the judge; however, in most cases, the sentence takes effect immediately.

Since your attorney is not cooperatively communicating with you about this issue, you should consider speaking with a federal trial attorney. Second opinions, in most legal representation matters, are the best.

Good Luck!

I think the fact he had a "trial" pled guilty is all that matters inregards to Constitution. The sentencing is a diiferent matter I believe. The fact he was not being held thus "free" would indicate the two years was not a hardship in the eyes of the court. And, in fact 2 years when a PSI and court scheduling problems isn't completely unusual. I'll admit 2 years seems a bit cruel to make someone wait that long to find out what will happen.