Seven-Year Resentencing Delay Did Not Violate Due Process

This summary was provided by noted criminal defense attorney Francisco Celedonio, who also serves on the Board of Directors of Federal Defenders of New York, Inc.:

This summary order affirms a sentence imposed upon resentencing, after a seven-year delay from the original remand from the Circuit. Kurti argued that the delay violated due process, and also challenged the substantive reasonableness of his sentence. The Circuit held that the delay alone (some of which was occasioned by Kurti) was insufficient to warrant relief, and that Kurti had to demonstrate “some substantial and demonstrable prejudice” from the delay. Because Kurti faced a substantial sentence (the Guidelines range was 360 months-to-life), he could not succeed on either the due process claim or the claim of substantive unreasonableness.